36C25220Q0420-001.docx

36C25220Q0420

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 ATTA

CHED

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. 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

36C25220Q0420 04-16-2020 Cannaday, Erika 414-844-4800 X43253 05-01-2020 9:00 a.m.

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X X 562211 $41.5 Million N/A X 36C252 Edward Hines Jr VA Hospital South 5th Avenue Hines IL 601415000 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page Selected contractor shall be responsible for the removal and disposal of regulated medical waste at Edward Hines Jr VA Hospital in Hines, IL and associated Community-Based Outpatient Clinics, in accordance with the Statement of Work See Continuation Page.

The following DOL Wage Determinations will apply to any award made fro this Solicitation: #15-5017, revision 14, dated 12/23/2019; #15-5035, revision 12, dated 12/23/2019;

#15-5019, revision 14, dated 12/23/2019; #15-5741, revision 10, dated 12/23/2019; #15-5025, rev ision 10, dated 12/23/2019.

See CONTINUATION Page X X

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: (Contractor’s Name)

(Address)

(City, State Zip)

(Point of Contact)

DUNS NUMBER NO. ______________________________________

b. GOVERNMENT: ERIKA A CANNADAY, CONTRACTING OFFICER

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM – SYSTEM FOR AWARD

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

f. For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

OFFER REQUIREMENTS & INSTRUCTIONS:

See Section E.1. 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) and Section E.2. General Instructions to Offerors.

EVALUATION/BASIS OF AWARD:

This is a commercial item acquisition that will be conducted under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used. See 52.212-2 Evaluation – Commercial Items for a description of the factors that the Government will use to evaluate offers. Prospective contractors must furnish the information listed herein with their proposals to ensure they receive full consideration.

SPECIAL NOTES:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to erika.cannaday@va.gov no later than Wednesday, April 22nd, at 1:00 p.m. local time. Contracting will issue a consolidated response via solicitation amendment to Contract Opportunities, beta.sam.gov, to all parties.

SITE VISIT:

Given the current circumstances, which have temporarily modified the standard VA guest/visitor policies, we are unable to offer a site visit in this acquisition for services. Please utilize the above-referenced opportunity to submit questions and receive answers, in thorough detail, as it relates to the physical location where the work is to be performed.

CONTRACT ADMINISTRATION:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof. Estimated quantities are not subject to Contracting Officer approval, provided increasing or reducing quantities does not reduce the minimum or exceed the maximum.

B.2 PRICE/COST SCHEDULE

AUTHORIZED LIMITS:

The Government estimates, but does not guarantee, that the IDIQ orders placed against this agreement will have an aggregate maximum (ceiling) of $1,500,000.00 over the period of the IDIQ. The guaranteed minimum is $36,000.00 and will be met in the initial fiscal year of contract award. All orders must be coordinated through the Contracting and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

Ordering Period One: 7/1/2020 – 9/30/2020

*All quantities herein are estimates and invoicing shall be based upon actual quantities Total Estimated Ordering Period One Price: $

Ordering Period Two: 10/1/2020 – 9/30/2021

Total Estimated Ordering Period Two Price: $

Ordering Period Three: 10/1/2021 – 9/30/2022

Total Estimated Ordering Period Three Price: $

Ordering Period Four: 10/1/2022 – 9/30/2023

Total Estimated Ordering Period Four Price: $

Ordering Period Five: 10/1/2023 – 9/30/2024

Total Estimated Ordering Period Five Price: $

Ordering Period Six: 10/1/2024 – 6/30/2025

Total Estimated Ordering Period Six Price: $ Total All Ordering Periods Price: $

B.3 STATEMENT OF WORK

I. REGULATED AND PATHOLOGICAL

1. The contractor shall provide all labor, tools, materials, supplies, appropriate equipment and supervision, necessary to provide Medical Waste Disposal Services in accordance with all terms, conditions, provisions, specifications and schedules herein for the Edward Hines Jr, VA Medical Center, in Hines, IL, Waste shall be picked up, transported, and microwave-ground and/or disposed of by another acceptable method in accordance with State and Federal Environmental Protection Agency (EPA) Guidelines. All anatomical, pathological and trace chemotherapeutic waste must be incinerated in accordance with State and Federal EPA Guidelines.(https://www2.illinois.gov/epa/topics/waste-management/waste-disposal/special-waste/Pages/default.aspx, https://www.epa.gov/rcra/medical-waste)

a. Contractor shall remove medical waste from Hines VA Campus at a minimum one (1) day per week or to be coordinated with the COR, if more than once a week is needed. Pickups and deliveries must occur between 8:00 AM and 10:00 AM at the dock on the south side of the incinerator building located at the west side of Building 200 or Building 8.

b. Contractor will provide a minimum of one (1) full-time employee at Hines VA to remove full nettle boxes and red containers from soiled mat area, unload clean reusable nettle boxes with racks and red 40gal onto loading dock, refill storage area, and load and unload waste trailer.

c. Contractor will provide monthly container delivery and pickup for six (6) Community base outpatient clinics (CBOCs). LaSalle, Joliet, Aurora, Hoffman Estates, Oak Lawn and Kankakee. Contractor shall collect medical waste from Hines Community-Based Outpatient Clinic (CBOC) locations at a minimum of one (1) day per week for each location identified or to be determined by the COR, if more than once a week is needed. Pickups and exchanges must occur between 8:00 AM and 4:00 PM each workday.

d. Contractor shall provide containers on site at all times at all locations. Containers shall have a biohazard label on all four sides with the empty weight of the container stenciled on the container in a size and color that is readily visible. Containers must be reusable and be leak and puncture proof. Cardboard and fiberboard are not acceptable. Containers must maintain its integrity during storage and transport to ensure containment of infectious waste. An acceptable container is a 40 Gallon Rubbermaid type with insert.

e. In the event of highly infectious waste, as determined by the Department of Veterans Affairs, as in the case of Ebola, contractor will dispose and/or transport items in:

i. 55 gallon drums meeting PGII standards for solids and liquids with sealed lid.

ii. Bags with minimum film thickness of 1.5 mils (0.0015 inch) and mark and certified by ASTM D 1922, tear resistance and impact resistance of ASTM D 1709.

f. Contractor shall clean, sanitize, and disinfect containers prior to being reused and provide documents showing said cleaning was conducted.

g. Contractor shall process the medical waste with microwave-grinder treatment equipment. If another method of medical waste destruction/disposal is contemplated, it must be meet all Federal EAP, state and local requirements.

h. Contractor shall dispose of treated medical waste into appropriate landfills in accordance with all state and federal regulations.

2. Rates are all inclusive of containers, liners, vehicle(s), and the services of qualified vendor. Also included are delivery, set-up, sanitizing of equipment or any other services called for by this solicitation.

3. Contractor is required to meet all federal, state, county and city laws, rules and regulations governing the handling, transport, processing, treating, storage, and disposal of all medical waste in any or all states involved in performance of this service.

4. Contractor must provide VA with proof of disposal documentation covering all sites, to include transportation, treatment, and disposal of VA generated waste, on a weekly basis. This report shall be provided within the week following treatment/disposal. Contractor shall maintain records as required by state and federal agencies on medical waste generation, shipping, and processing for three (3) years.

5. Waste may not be compacted or mixed with other waste materials prior to treatment. Contractor may co-mingle VA waste with other customer’s waste once it is has been weighed and treated.

6. Contractor’s transport vehicle must be appropriately labeled with universal biohazard symbol, refrigerated or otherwise treated in order to prevent noxious fumes from entering the buildings, and locked when the driver is not in attendance. Contractor’s processing facility must meet all local, state and federal requirements. Contractor must adhere to universal precautions handling the medical waste and provide all necessary personal protection equipment. Contractor shall secure containers in a manner to prevent tip-over or fall offs during transport.

7. The Government is not responsible for any negligence of the contractor/transporter or their employees for improper disposal.

8. Contractor must obtain all necessary permits and/or licenses regarding the pickup, transportation, treatment, storage and acceptable disposition as regulated by State and Federal EPA Guidelines for biohazardous medical waste.

a. In the event of a suspected or confirmed highly infectious case (ie. Ebola), contractor will be contacted to arrange delivery of special Category a waste containers and / or bags.

b. Contractor will create “Special Permit” as required by the Department of Transportation (DOT) to ship infectious waste for disposal, once Special Permit is granted, contractor will provide copy at generator’s site.

9. Contractor’s medical waste disposal facility must meet all local, state and federal requirements.

10. Contractor shall comply with all applicable Occupational Safety and Health Administration (OSHA), Federal, State, interstate and local requirements, rules, regulations and laws respecting control and abatement of medical waste disposal and management and obtain all necessary permits and/or licenses regarding the pickup and incineration or other acceptable disposition as regulated by State and Federal EPA Guidelines for hospital infectious waste. This includes any laws in other states that are applicable to the transportation of infectious waste across state lines.

11. Contractor shall provide a certifiable weighing system to enable proper billing for waste poundage disposed; i.e., if the disposal container weighs 14 pounds and Contractor is to dispose/haul 10 containers, each container shall be weighed and container total weight (140 pounds) is subtracted from the gross weight to determine total waste poundage to be paid.

12. Contractor shall provide monthly weigh tickets/ manifests by email and concurrently enter same into a specified and COR monitored web based electronic tracking database (i.e. VA sponsored Practice Green Health Waste Tracker) facilitated by the VA. Contractor shall provide monthly weight totals for Reusable sharps, Medical Waste, and Plastics Diverted. Access and initial training will be provided by the Facility to the contractor.

13. Inspection by the VA Inspection Team and/or Safety Engineer may be made of the establishment facilities, vehicles and equipment, and maintenance records of vehicles and equipment anytime during the term of the contract, as requested by the COR.

RE-USABLE SHARPS CONTAINER PROGRAM

1. The contractor shall perform, in a timely manner after award, all actions required to prepare, establish and deliver to the Hines VA Hospital an onsite assessment to determine sizes, placement and location for reusable containers.

2. Contractor shall furnish direct drop reusable sharps containers complaint with OSHA Blood borne Pathogen Std (29CFR 1910.130) to the Hines VA Hospital campus. The contractor’s reusable container sizes must be able to match up with the disposable containers currently being utilized. The sizes are 2 gallon, 3 gallon, 4 gallon, 8 gallon 17 gallon and 40 gallon red with lid.

3. Contractor shall furnish all labor, equipment, and provide installation of reusable container housing in all areas designated by the COR for the life of the contract.

4. During the course of the contract, quantities, installation, and locations of reusable sharps containers may be adjusted to cover fluctuations, relocations, or other changes and is the responsibility of the contractor.

5. Contractor shall abide by all pertinent federal and state regulations with regard to transportation and destruction of classified medical documentation.

6. Untreated medical waste cannot be disposed of into any landfill. Untreated Potentially Infectious Medical Waste (PIMW) is banned from all landfills in Illinois. Once PIMW has been properly treated to eliminate its infectious potential, it is no longer PIMW (except in the case of sharps) and may be disposed of into any landfill permitted by the Illinois EPA to accept municipal waste. For sharps, both the infectious nature must be eliminated and the sharps must be rendered unrecognizable.

7. Contractor shall provide suitable documentation substantiating collection and destruction of sharps to the VA COR.

8. The contractor is required to have, at a minimum, one (1) employee to change out reusable sharps containers at least once a week from Hines VA Hospital campus soiled mat cage. May require up to one additional day of service (to be determined by the COR). The additional day of service must be contemplated and covered in the monthly flat fee quoted by the Contractor. Service must be conducted during regular business hours Contractor will provide supervisor to Quarterly walk through inspections with COR to ensure contract and process is being adhere to:

9. Contract personnel must check in and out at the EMS office, Building 2 Room 102 (or an alternative location, as designated by the COR) and wear appropriate vendor identification badges provided by Hines VA Hospital at all times.

10. Contractor will provide a weekly schedule (at the beginning of the week) for pickup of used containers and drop off of new nettle boxes and red hazard trash.

11. Hines VA Hospital will provide designated parking for the contractor truck at the dock, building 200, or bldg., as needed. Parking will be designated by COR at each CBOC location.

II. GENERAL CONTRACT REQUIREMENT

1. TERM OF CONTRACT:

2. PLACES OF PERFORMANCE

Edward Hines Jr VA Hospital (Hines) 5000 South 5h Avenue Hines, IL 60141

La Salle VA Clinic 4461 North Prospect Village Peru, IL 61354

Joliet VA Clinic 1201 Eagle Street Joliet, IL 60432

Aurora VA Clinic 161 South Lincolnway, Suite 120 North Aurora, IL 60542

Hoffman Estates VA Clinic 4885 Hoffman Boulevard Hoffman Estates, IL 60192

Oak Lawn VA Clinic 10201 South Cicero Avenue Oak Lawn, IL 60453

Kankakee VA Clinic 581 William Latham Drive, Suite 301 Bourbonnais, IL 60914

2. WORKING HOURS/HOLIDAYS: Normal operating hours of the facilities are from 7:30 a.m. to 4:30 p.m., Monday through Friday. The following holidays are observed by the Department of Veterans Affairs:

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

3. Contract employees will be required to complete VHA privacy training annually.

4. In accordance with the American Health Information Management Association, (AHIMA), Centers for Medicare and Medicaid Services (CMS), VHA Directive and Handbook 1030.1, July 2006 "Compliance and Business Integrity Program", its updates or replacement directives, HHS OIG Compliance Program Guidance for Hospitals, as published 63 FR 8987 (February 23, 1998), HHS OIG Supplemental Compliance Program Guidance for Hospitals as published at 70 FR 4858 (January 31, 2005) - the contractor is required to provide to the VA a copy of their internal Compliance Program, Training and Monitoring Plans. This is also to include documentation of training and monitoring procedures.

5. The contractor must be able to provide uninterrupted service to Hines VA in the event their processing facilities are down and not able to reprocess the reusable sharps containers. The contractor shall own multiple processing facilities or arrange for emergency processing at another facility at no extra cost to the government if this event were to occur.

6. HHS/OIG: To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

7. The Contractor shall be responsible to ensure Contractor employees providing work on this contract are full trained, appropriately licensed and completely competent to perform the required work.

8. HIPAA COMPLIANCE: The contractor is subject to the provisions of the Health Insurance Portability and Accountability Act (HIPAA). It is the contractor’s responsibility to review HIPAA requirements which are available at the following address: www.ahima.org . All documents must be destroyed within 24 hours of receipt and meet HIPAA acceptable destruction methods. Current acceptable methods include: Burning, shredding, pulping and pulverizing.

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI).

As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor shall be required to enter into a Business Associate Agreement (BAA) with the VA.

9. PRIVACY ACT DOCUMENTS: The contractor understands and agrees that property obtained under this contract may contain records previously maintained as a system of records subject to the Privacy Act. The contractor is subject to the provisions of the Privacy Act and is responsible for compliance with its provisions with respect to the handling and disposal of protected information.

10. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS (AS APPLICABLE):

The Contractor shall assign to this contract the following key personnel:

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

b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

11. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

All contractor employees who require access to the Department of Veterans Affairs' Contractors computer systems or have access to sensitive information shall be the subject of a background investigation. The contractor is encouraged to have its employee immediately download the background investigation packet from https://www.va.gov/vabackground_investigations upon notification of contract award. A contractor’s employee shall not commence working at VA under contract until the Contractor and the Contracting Officer receive notification from the VA Office of Security and Law Enforcement (OSLE) that the contract employee’s application was received complete. A favorable adjudication from the VA Office of Security and Law Enforcement must be received in order for a contractor employee to continue contract performance. This requirement is applicable to all subcontractor personnel.

The Contractor shall provide complete Background Investigation applications, for all Contract Employees, to OSLE, promptly and in sufficient time to meet the contract performance or delivery schedule (or: within 15 calendar days after contract award). If a delay in the notification from OSLE to the Contractor that a complete application has been received is due to the failure of the Contractor to provide a complete application as soon as practicable (or: within 15 calendar days) after contract award, this delay shall not excuse the Contractor from meeting the contract performance or delivery schedule and may result in termination for cause.

a. Position Sensitivity - The position sensitivity has been designated as LOW RISK.

12. Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries. (NACI)

13. Contractor Responsibilities

a. The contractor shall bear the expense of obtaining background investigations. If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse VA within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.

b. It is imperative for the contractor to provide, at the request of VA, a listing of contractor personnel performing services under the contract in order for the background investigation process to commence. This list will include name (first, middle, last) social security number; date of birth; city, state, and country of birth.

c. The contractor or their employees shall submit a complete background investigation packet. Additional guidance and information in completing the required forms, and examples of the forms, can be found at http://www1.va.gov/VABackground_Investigations/page.cfm?pg=2.

The following required forms must be submitted to the VA Office of Security and Law Enforcement before contract performance begins:

i. Standard Form 85, Questionnaire for Non-Sensitive Positions

ii. Optional Form 306, Declaration for Federal Employment

iii. Standard Form 86A (EG), Continuation Sheet for Questionnaire

iv. Electronic Fingerprint Form

Fingerprinting is required with the background investigation. Fingerprinting can be done at the local VA Facility. The Electronic Fingerprint Verification Form must be submitted with the above required forms.

d. The Contractor shall inform the contract employee that when filling out Standard Form 85, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85 may result in OPM rejecting the documentation for investigation and delay contract performance.

e. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract, and at the request of the VA, submit another employee for consideration.

f. The contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification. A Cage Code number must be provided to the VA Office of Security and Law Enforcement. VA Office of Security and Law Enforcement will verify the information and advise the contracting officer whether contractor’s access to the computer systems can be authorized.

g. All contractor employees and subcontractors are required to complete VA’s Privacy training annually. All Contractor employees and subcontractors requiring access to VA computer network are required to complete Cyber Security training courses annually either on-line or hard copy. Documented proof must be provided to the Contracting Officer.

h. The contractor shall notify the COR immediately when their employee(s) no longer require access to VA computer systems.

14. Government Responsibilities

a. The contracting officer representative will request the contractor employee’s background investigation by the Office of Security and Law Enforcement.

b. The Office of Security and Law Enforcement will notify the contractor with instructions for the contractor's employees, coordinate the background investigations, and notify the contracting officer and contractor of the results of the investigations.

c. Background investigation fees are the responsibility of the contractor. A bill for the cost of investigation will be sent to the contractor to pay the VA facility. The contractor will pay the VA facility within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.

d. The current fees associated with background investigations are $200.00 each for low level investigation, $840.00 each for medium level investigation, and $2,900.00 each for high level investigation.

16. CONTRACTING OFFICER REPRESENTATIVE (COR): The VA representative(s) of the Contracting Officer will be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer.

Contractor Reporting Person

· Contractor -- Provide telephone number(s) to call for your Service Department:______________________

· Provide name(s) of authorized contact person(s): ______________________________________________

17. PROTECTION OF GOVERNMENT PROPERTY: During work execution, the Contractor shall take special care to protect Government property including furniture, walls, baseboards, and other surfaces. Accidental splashes shall be removed immediately. Damage resulting from Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement (if necessary), at no additional cost to the Government. Contractor shall be responsible to meet all OSHA/Safety requirements in the performance of the work. This shall include but not be limited to taking all the necessary precautions to protect the patients, visitors and/or staff at each location. Contractor shall be held responsible for any injuries and/or damage, which may be caused as a result of the Contractors failure to adhere to these requirements.

DAMAGE: Extreme caution shall be exercised to prevent damage to the building and its contents. Any damage must be reported to the COR immediately for appropriate action. Any damage caused by the Contractor shall be repaired and or replaced to the satisfaction of the VA at the Contractor’s expense.

18. PRE-WORK ORIENTATION: The Contractor shall be responsible to ensure Contractors’ and Sub-contractors’ employees providing work on this contract are: fully trained, completely competent, and approved by the VA to perform the required work as described above.

19. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS

The Contractor's FSEs 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 will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited on all VA campuses and properties. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulation may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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.2 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)

AND REQUIERMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

APR 2014

C.3 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 7/1/2020 through 6/30/2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $10,000.00;

(2) Any order for a combination of items in excess of $25,000.00; or

(3) A series of orders from the same ordering office within one (1) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 6/30/2025.

(End of Clause)

C.6 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.

(End of Clause)

C.7 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.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Environmental Protection Agency as to proper removal and disposal of regulated medical waste.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: Environmental Protection Agency

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

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

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible.