36C25022Q0773.docx

36C25022Q0773

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C25022Q0773 10-19-2022 Christopher Gundy 734-222-7168 11-02-2022

2:00 PM

EDT

36C250 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 X 562111 $41.5 Million N/A X 36C506 Department of Veterans Affairs VA Ann Arbor Healthcare System

WAREHOUSE

2215 Fuller Road Ann Arbor MI 48105 Y Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 Fuller Road Ann Arbor MI 48105

Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 X See CONTINUATION Page Contractor shall furnish all labor, supervision, equipment, and other items to provide general and recyclable waste removal services for the LTC Charles S. Kettles VA Medical Center located at 2215 Fuller Road, Ann Arbor, MI 48105.

See FAR Provision 52.212-1 and all Instructions to Offerors/ Instructions for Quote Submissions for quote submission Requirements.

Questions concerning this solicitation must be submitted by email to the contracting office, christopher.gundy@va.gov.

Subject line must read "Technical questions - Ann Arbor Waste Removal". Questions must be received by the Contracting Officer no later than 2:00 PM EST, October 25, 2022.

See CONTINUATION Page X X X Christopher Gundy Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Company Name____________________________

b. GOVERNMENT: Contracting Officer 36C250 Christopher Gundy, Christopher.gundy@va.gov Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

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.

OB10 or current Electronic Invoice System: https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ OB10 e-Invoice Setup Information: 877-489-6135 FSC e-Invoice Contact Information: 877-353-9791 FSC e-Invoice Email: vafsccshd@va.gov FSC e-Invoice Site: http://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

1. GENERAL DESCRIPTION OF WORK

1.1. The contractor shall furnish all labor, supervision, equipment, uniforms, and other items and services necessary to remove non-hazardous general waste and recyclable materials, which include office paper, books/magazines, cardboard, metal/tin cans, plastic, and all non-recyclable wastes in containers, from the LTC Charles S. Kettles VA Medical Center, 2215 Fuller Road, Ann Arbor, Michigan, 48105. The period of performance shall be for one year and four possible option years.

2. RESPONSIBILITY FOR PERFORMANCE

2.1. The contractor shall be directly responsible for all work performance specified in the contract. The contractor shall provide adequate supervision at all times of the work that all employees are performing to ensure its complete and satisfactory performance in accordance with the terms of this contract. Contractor personnel shall comply with the traffic laws and other regulations and instructions pertaining to conduct of persons on Federal Property.

3. DEFINITIONS

3.1. CO - Contracting Officer: The person with the authority to enter into, administer, and/or terminate contracts, and make related determinations and findings, including changes within the original contract scope, on behalf of the Department of Veterans Affairs. The Contracting Officer (CO) has the overall responsibility for administration of this contract to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or schedules. However, the Contracting Officer may delegate certain other responsibilities to authorized representatives.

3.2. COR - Contracting Officer Representative: Any person(s) designated in writing by the contracting officer to act for the CO within the limits of the delegated authority. Under this contract, the COR shall be the VA person at each facility who is qualified to render advice and assistance to the contractor’s service personnel. The COR shall also be responsible for certifying that services performed have been satisfactorily rendered in accordance with contract terms. The COR shall assist the Contracting Officer in the discharge of the work. The responsibilities of the COR include but are not limited to: determining the adequacy of performance by the contractor in accordance with the terms and conditions of the contract; Acting as the Government Representative in charge of the work on site; ensuring compliance with the contract requirements insofar as work is concerned; and advising the CO of any factors which could cause delay in performance of the work.

3.3. Contractor Service Representative: Authorized service representative(s) of the Contractor who have been provided by the Contractor to the VA in writing for the purpose of coordination and performance of service.

3.4. Federal Government Holidays: The eleven holidays observed by the Federal Government are New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

4. CONTRACTORS QUALITY ASSURANCE

4.1. The contractor shall establish a Quality Assurance Program to assure the requirements of the contract are provided as specified. One (1) copy of the contractor’s Quality Assurance Program must be provided to the Contracting Officer Representative (COR) within ten (10) days of the contract start date and as changes occur. The program must include, but not be limited to, the following: (1) an inspection system covering the services to be performed under the contract, specifying areas to be inspected on either scheduled or unscheduled basis and the title of the individual(s) who will do the inspection; (2) a method for identifying deficiencies in the quality of service performed. The contractor shall maintain a file of all inspections conducted and of all corrective actions taken. This documentation must be made available to the Contracting Officer or COR upon request.

5. PERFORMANCE REQUIREMENTS

5.1. Contractor shall provide one (1) empty 30-yard open container for collection of general waste, to be placed at the location determined by the COR and shall be collected once 75% full.

5.2. Contractor shall provide one (1) empty 8 cubic yard open container, placed near Building 37 for collection of general waste. Contractor shall pick up the container weekly on Wednesdays between the hours of 6:00a.m. and 1:00p.m.

5.3. Contractor shall provide a 35-40 yard closed self-contained compacting container for pickup of regular waste every Tuesday and Friday between the hours of 6:00a.m. and 9:00a.m., excluding government holidays and at such other times as requested by the COR.

5.4. Contractor shall provide a 35–40 yard compacting container for single stream recycling materials, other than metal, to be picked up every Friday between the hours of 6:00am and 10:00am.

5.5. Contractor shall provide one 4-cubic yard container to be placed near Building 36, Fisher House, to be picked up weekly only Friday between the hours of 6:00 AM and 10:00 AM.

5.6. For containers needing emptied on an as need basis, contractor shall arrive on-site with the appropriate size, empty, clean, deodorized container within 24 hours of notification by the COR that the containers require emptying.

5.7. The contractor shall install the appropriate size empty container before the full container is taken off site for dumping, always leaving a container on site.

5.8. The contractor must provide cleanup of all spilled trash/cardboard from the pickup container.

5.9. VA may call for unscheduled removal of waste, the removal shall be done within twenty-four (24) hours from the time the call is placed for service and will be on time as scheduled. Quote must include price of additional unscheduled trash removal. The unscheduled removal may be paid by Government Purchase Card.

5.10. The contractor must provide a full “chain of command” complete with contact people, addresses, and telephone numbers. Emergency contacts will provide pager and cell phone numbers.

5.11. Contractor shall provide containers that must not permit any leakage of fluids or materials and shall provide maintenance to all containers and associated mechanical equipment for compaction within 8 hours of notification. All spills due to container malfunction and leakage shall be cleaned up by the contractor.

5.12. When the pick-up day falls on a scheduled government holiday, the contractor shall notify the COR by telephone of the alternate pick-up day, which shall be either the day before or the day after the government holiday, excluding weekends.

6. RECYCLING MATERIAL:

The following is a list of the material the VA shall have picked up as recyclable materials

6.1. Mixed Office Paper:

6.2. Cardboard Boxes: Old Corrugated Containers (OCC)

6.3. Plastic containers marked #’s 1-7

6.4. Scrap Metal: Miscellaneous Old Equipment and Furniture, Tin Cans

7. RECYCLING REQUIREMENTS

7.1. This contract provides for the generation of revenue from recycled materials for the LTC Charles S. Kettles VA Medical Center. The contractor shall be required to provide recycling services for the Green Environment Management System (GEMS) Recycling Program, for all containers provided under this contract. Contractor must provide in their offer a determined percentage of rebate returned to the Government.

7.2. All cardboard in the waste stream that is clean and able to be recycled shall be recycled based on industry returns for the Washtenaw County area or better

7.3. All scrap metal, ferrous and non-ferrous, in the waste stream shall be recycled based on industry returns for the Washtenaw County area or better.

8. REPORTS AND DOCUMENTATION

8.1. The Contractor shall provide the COR an electronic invoice and detailed solid waste (weight in pounds) report that clearly outline each charge for services provided to this facility monthly, unless otherwise instructed.

8.2. The Contractor shall provide a sales receipt for recyclable materials, no later than the 30-days following the sales month.

8.3. The Contractor is required to comply with all Federal, State and local regulations, policies and procedures regarding tracking, record keeping, manifesting and documentation of all non-hazardous wastes. The contractor shall be required to comply with all changes to such Federal, State and local regulations and procedures which occur during the term of this contract. The Contractor shall provide to the Government any additional certifications that may be required due to changes in such laws.

8.4. The Contractor shall provide all manifests, land bans, certificates of destruction and recycling, and documentation that apply to the removal and disposal of non-hazardous, and recycled material activities conducted by its workforces and/or its subcontractors for the Ann Arbor VAMC. The Contractor shall furnish a properly executed and legible copy of the appropriate manifests required to document the safe shipment and proper disposal of wastes covered under this contracted generated by the Government under the terms of this contract.

8.5. All manifests, waste determinations, waste generation data, shipping information and other data required for the proper execution of this contract shall be maintained by the contractor in an electronic database format that is exportable through a Microsoft Excel or Microsoft Access format. This system shall enable tracking status of generated waste and generate monthly, quarterly and annual reports along with enable tracking of compliance dates. The contractor shall maintain and submit the same data monthly to the Government. Data shall include at minimum total volumes/weights of waste disposed of, container sizes pulled, and dates pulled/dumped.

8.6. The Contractor shall conduct a waste stream audit assessment of what items are being recycled and which ones they could be enhance and improve and how.

8.7. The Contractor shall author a comprehensive recycling plan presenting options to the COR on the best recycling opportunities that exist that would either generate monetary returns or offset waste removal costs for the facility.

9. UNALLOWABLE CHARGES

9.1. Additional charges such as delivery fees, environmental fees, fuel surcharges, or relocation of trash containers on VA grounds, shall NOT be billed for, or collected from the Government under this contract.

10. LICENSES AND PERMITS

10.1. The Contractor shall, without additional cost to the Government, provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles and other resources required for proper removal of hazardous and non-hazardous chemical waste in accordance with all applicable Federal, State, Municipal, and local regulations (e.g. OSHA, DEA, EPA, DEP, 49 CFR (DOT). If appropriate licenses are not maintained in accordance with Federal and State 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 shall not incur additional costs if work is halted for good cause.

10.2. The following shall be provided to the Contracting Officer with quote submission for evaluation purposes and annually (30 days after) to the COR with any changes to original submission clearly identified:

1. Current State waste transporter permit(s)

2. Proof of licensing in State of Michigan database for solid waste disposal companies and haulers.

3. 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, EPA identification 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 prior to, during or after contract period.

4. Copy of Operator permit(s) allowing the dumping of waste in the State of Michigan.

5. Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits.

6. Provide a plan describing Standard Operating Procedures (SOPs) that shall be followed while conducting normal non-hazardous waste management activities. The contractor shall describe:

a. Site safety and contingency procedures (e.g. spill management).

b. Quality assurance and quality control procedures to ensure materials are properly identified, categorized, and packaged, and paperwork is properly completed.

c. Types of materials licensed to haul.

d. Latest DOT certifications and licenses.

e. The MDOT compliance record.

f. Description of driver qualifications including training programs, and experience.

g. List of employees that shall be providing services, their training and experience and copies of their CDL.

7. Contractor's emergency response (ER) procedure shall describe:

a. Procedure on how to request an emergency response

b. How the contractor notifies personnel and initiates response action.

c. Incident command procedures followed by the contractor.

d. ER work practices.

e. ER protection of health and safety practices.

11. CAPABILITY REQUIREMENTS

11.1. Contract employees who perform services under this contract shall be competent, experienced and qualified to perform such services listed herein. To make this determination the following information shall be provided:

1. Education

2. Certifications

3. Years of experience minimum 5 year

4. Licenses held

11.2. All work performed shall be in accordance with established good waste management practices. The Contractor shall submit proof of appropriate training and experience for vendor personnel performing services under this contract.

12. SAFETY REQUIREMENTS

In the performance of this contract, the Contractor shall take such safety precautions as the COR or his/her designee may determine to be reasonably necessary to protect the lives and health of VA patients, visitors, staff and the general public:

12.1. Safe operation of vehicles on medical center property.

12.2. Ensure that waste spills are cleaned up prior to departure from the site.

12.3. Ensure that vehicles are properly maintained in accordance with DOT requirements and do not create a hazard.

12.4. Ensure that container is properly connected to the installed compactors and safety devices installed are operational and in use.

12.5. Other safety guidelines as outlined by the EPA and DOT.

12.6. The COR or Contracting Officer will notify the Contractor of any noncompliance with the foregoing provisions as well as the recommended corrective action. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served in person on the Contractor or his/her representative at the site of work, or telephonically to Contractor’s designated representative, shall be deemed enough for the purpose of the previously mentioned. If the Contractor fails or refuses to comply immediately to satisfactorily abate the hazardous condition or situation, the Contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in material breach of this contract.

13. INCLEMENT WEATHER

13.1. The Contractor shall provide an inclement weather plan and must be agreed upon by the VA.

14. GEMS RECYCLING PROGRAM

14.1. Contract Objectives:

1. To divert materials currently going to the landfill by seeking opportunities for maximizing recycling material sales. The LTC Charles S Kettles VA Medical Center wishes to collaborate with the Contractor on this initiative to meet goals and improved resource efficiency.

2. Pursue continuous improvement in resource efficiency (increased diversion through reuse, recycle, composting, waste to energy conversion), take the lead role in identifying, designing, and implementing innovative, cost-effective means to increase diversion of solid waste and increase recycling revenue with the additional benefits of reducing refuse collection and disposal costs.

3. Optimize current hauling, garbage disposal, and recycling operations and services to reduce overall waste management system costs.

4. Develop a detailed tracking, reporting, and billing/invoicing system (date of service, type of recycling, weight of each recycling type), to support the goal setting, performance tracking, and decision-making ability.

5. The VA shall collaborate with the selected contractor to conduct educational training and outreach as necessary, including but not limited to solid waste segregation and recycling procedures or waste minimization.

6. The contractor shall recycle all available income-generating recyclable materials to commercial recycling facilities and will document these transactions and share in the proceeds as referenced in Sections 14.2 and 14.3.

7. A Recycling Report summary of these receipts/checks shall be totaled and submitted by the contractor to the COR on a quarterly basis.

14.2. REVENUE GENERATION FOR RECYCLABLE MATERIALS:

1. Contractor shall issue a check to the Government for a percentage of the revenue generated by recycled materials on a monthly basis in arrears. Percent is determined based of quote submitted in price cost schedule. Contractor shall be entitled to keep a percentage of all revenue generated from recyclable materials under this contract. The amount shall be derived from the presentation of recycling sales receipts as stated in Section 14.1 above.

2. Payment shall be made out to Department of Veteran Affairs-Agent Cashier

15. PERFORMANCE MONITORING

15.1. The contract service requirements are summarized in performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimally acceptable levels of service required for each requirement. The Services Summary (SS) and the Contractor’s Quality Control Plan (QCP) provide information on contract requirements, the expected level of Contractor performance, and the expected method of government validation and confirmation of services provided. These thresholds are critical to mission success. Procedures as set forth in the FAR 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance, will be used to remedy all deficiencies. During the first initial 30 days of the contract, two additional errors on each Performance Objective shall be allowed in an effort to identify normal phase-in problems.

15.2. PERFORMANCE REQUIRMENTS SUMMARY:

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

12.00

MO

Provide Recyclable Material collection containers and removal services in accordance with the PWS. Percentage of rebate provided to the VA in accordance with section 14.2 of PWS:____________ Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

Provide general waste collection containers, removal services in accordance with the PWS. One (1) 35-45 YD compacting and one (1) 8 CU YD on schedule basis.

POP Begin: 12-01-2022 POP End: 11-30-2023

Provide 30-yard open container for general waste collection and removal services (as need basis) in accordance with the PWS. See attachment B for historical data.

POP Begin: 12-01-2022 POP End: 11-30-2023

Provide Recyclable Material collection containers and removal services in accordance with the PWS. Percentage of rebate provided to the VA in accordance with section 14.2 of the PWS:_________ Contract Period: Option 1 POP Begin: 12-01-2023 POP End: 11-30-2024

Provide general waste collection containers, removal services in accordance with the PWS. One (1) 35-45 YD compacting and one (1) 8 CU YD on schedule basis.

POP Begin: 12-01-2022 POP End: 11-30-2023

Provide 30-yard open container for general waste collection and removal services (as need basis) in accordance with the PWS. See attachment B for historical data.

POP Begin: 12-01-2023 POP End: 11-30-2024

Provide Recyclable Material collection containers and removal services in accordance with the PWS. Percentage of rebate provided to the VA in accordance with section 14.2 of the PWS:___________ Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025

Provide general waste collection containers, removal services in accordance with the PWS. One (1) 35-45 YD compacting and one (1) 8 CU YD on schedule basis.

POP Begin: 12-01-2024 POP End: 11-30-2025

Provide 30-yard open container for general waste collection and removal services (as need basis) in accordance with the PWS. See attachment B for historical data.

POP Begin: 12-01-2024 POP End: 11-30-2025

Provide Recyclable Material collection containers and removal services in accordance with the PWS. Percentage of rebate provided to the VA in accordance with section 14.2 of the PWS:___________ Contract Period: Option 3 POP Begin: 12-01-2025 POP End: 11-30-2026

Provide general waste collection containers, removal services in accordance with the PWS. One (1) 35-45 YD compacting and one (1) 8 CU YD on schedule basis.

POP Begin: 12-01-2025 POP End: 11-30-2026

Provide 30-yard open container for general waste collection and removal services (as need basis) in accordance with the PWS. See attachment B for historical data.

POP Begin: 12-01-2025 POP End: 11-30-2026

Provide Recyclable Material collection containers and removal services in accordance with the PWS. Percentage of rebate provided to the VA in accordance with section 14.2 of PWS:________ Contract Period: Option 4 POP Begin: 12-01-2026 POP End: 11-30-2027

Provide general waste collection containers, removal services in accordance with the PWS. One (1) 35-45 YD compacting and one (1) 8 CU YD on schedule basis.

POP Begin: 12-01-2026 POP End: 11-30-2027

Provide 30-yard open container for general waste collection and removal services (as need basis) in accordance with the PWS. See attachment B for historical data.

POP Begin: 12-01-2026 POP End: 11-30-2027

GRAND TOTAL

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

Intentionally Deleted.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

Intentionally deleted.

6. SECURITY INCIDENT INVESTIGATION

Intentionally deleted.

7. LIQUIDATED DAMAGES FOR DATA BREACH

Intentionally deleted.

8. SECURITY CONTROLS COMPLIANCE TESTING

Intentionally deleted.

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

(End of Clause) B.5 VHA SUPPLMENTAL CONTRACT REQUIREMENTS for Combatting COVID-19:

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

36C25022Q0773

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SECTION C - CONTRACT CLAUSES

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

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

C.1 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 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 30 days of contract expiration.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 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.

(End of Clause) C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[]…