36C25619Q0828-001.pdf

36C25619Q0828

SECTION A - COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C25619Q0238 Posted Date: June 6, 2019 Questions Due Date/Time: June 13, 2019 / 10:00am (CST) Response Due Date/Time: June 28, 2019 / 10:00am (CST) Product or Service Code: F108 (Hazardous Substance Removal, Cleanup, and

Disposal Services) Acquisition Type: Unrestricted NAICS Code: 562211 (Hazardous Waste Treatment and Disposal) Size Standard: $38.5M Point of Contact: John Walker - Email: John.Walker15@va.gov

Contracting Office Address

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center (MEDVAMC) 2002 Holcombe Blvd, Bldg. 100 Houston, TX 77030

Description:

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

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

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-01 (effective 01/22/2019).

The associated North American Industrial Classification System (NAICS) code for this procurement is 562211, with a small business size standard of $38.5 million.

Contractor is required to be actively registered in the System for Award Management (SAM) and Small Business Administration (SBA). Service Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Business (VOSB) registration will be verified in Vendor Information Pages (VIP).

Quotes may be considered non-compliant and rejected if the Contracting Officer is unable to verify active registration status in the appropriate systems.

The MEDVAMC is seeking a contractor to provide Regulated Medical Waste collection, transportation, and disposal services in accordance with the below Scope of Work (SOW). Estimated Base Period of Performance: July 1, 2019 thru June 30, 2020 (plus 4 (four) 1 (one) year options to be exercised at the Government’s discretion.

mailto:John.Walker15@va.gov

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Company Name: _______________________________ POC Name: ___________________________________ Address: _____________________________________ Phone: ______________________________________ Email: _______________________________________

DUNS#: _____________________________________

Tax ID#: _____________________________________ GSA/FSS, NAC, SEWP Contract # (if applicable) ___________________________

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

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

AMENDMENT NO DATE

B.2 REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT

SYSTEM (CPARS)

a. As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502 and 42.1503, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $250,000. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, Contractor Performance Assessment System (CPARS), which is maintained by the Naval Sea Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

b. The Contractor will have an opportunity to review their ratings/comments, under the step “Contractor Comments” in CPARS. You will be notified via email by the CPARS system to review the report and provide comments. Each contractor whose contract award is estimated to exceed $250,000 may register with CPARS database at the following web address: www.cpars.gov in order to review the past performance evaluations. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the Contractor's registered representative.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

905,220.00 LB ________________ ________________

Contractor shall provide, on a fee-per-pound basis, medical/special, pathological, and residual chemotherapy waste treatment and disposal services for MEDVAMC Bldgs. 100, 109, 110, and 121 in accordance with the SOW. Estimate 75,435 lbs. monthly / 905,220 lbs. annually.

Contract Period: Base POP Begin: 07-01-2019 POP End: 06-30-2020

4,680.00 LB ________________ ________________

pathological, and residual chemotherapy waste treatment and disposal services to the Beaumont Community Based Outpatient Clinic (CBOC). Estimate 390 lbs. monthly / 4,680 lbs. annually.

Contract Period: Base POP Begin: 07-01-2019

6,120.00 LB ________________ ________________

pathological, and residual chemotherapy waste treatment and disposal services to the Lufkin Community Based Outpatient Clinic (CBOC). Estimate 510 lbs. monthly / 6,120 lbs. annually.

Contract Period: Base

1,020.00 LB ________________ ________________

pathological, and residual chemotherapy waste treatment and disposal services to the Galveston Community Based Outpatient Clinic (CBOC). Estimate 85 lbs. monthly / 1,020 lbs. annually.

Contract Period: Base

6,600.00 LB ________________ ________________

pathological, and residual chemotherapy waste treatment and disposal services to the Conroe Community Based Outpatient Clinic (CBOC). Estimate 550 lbs. monthly / 6,600 lbs. annually.

Contract Period: Base

1,800.00 LB ________________ ________________

pathological, and residual chemotherapy waste treatment and disposal services to the Richmond Community Based Outpatient Clinic (CBOC). Estimate 150 lbs. monthly / 1,800 lbs. annually.

Contract Period: Base

2,160.00 LB ________________ ________________

pathological, and residual chemotherapy waste treatment and disposal services to the Texas City Community Based Outpatient Clinic (CBOC). Estimate180 lbs. monthly / 2,160 lbs. annually.

Contract Period: Base

840.00 LB ________________ ________________

pathological, and residual chemotherapy waste treatment and disposal services to the Lake Jackson Community Based Outpatient Clinic (CBOC). Estimate 70 lbs. monthly / 840 lbs. annually.

Contract Period: Base

7,200.00 LB ________________ ________________

pathological, and residual chemotherapy waste treatment and disposal services to the Katy Community Based Outpatient Clinic (CBOC). Estimate 600 lbs. monthly / 7,200 lbs. annually.

Contract Period: Base

4,320.00 LB ________________ ________________

pathological, and residual chemotherapy waste treatment and disposal services to the Tomball Community Based Outpatient Clinic (CBOC). Estimate 360 lbs. monthly / 4,320 lbs. annually.

Contract Period: Base pathological, and residual chemotherapy waste treatment and disposal services for MEDVAMC Bldgs. 100, 109, 110, and 121 in accordance with the SOW. Estimate 75,435 lbs. monthly / 905,220 lbs. annually.

Contract Period: Option 1 POP Begin: 07-01-2020 POP End: 06-30-2021 pathological, and residual chemotherapy waste treatment and disposal services to the Beaumont Community Based Outpatient Clinic (CBOC). Estimate 390 lbs. monthly / 4,680 lbs. annually.

Contract Period: Option 1 pathological, and residual chemotherapy waste treatment and disposal services to the Lufkin Community Based Outpatient Clinic (CBOC). Estimate 510 lbs. monthly / 6,120 lbs. annually.

Contract Period: Option 1 pathological, and residual chemotherapy waste treatment and disposal services to the Galveston Community Based Outpatient Clinic (CBOC). Estimate 85 lbs. monthly / 1,020 lbs. annually.

Contract Period: Option 1 disposal services to the Conroe Community Based Outpatient Clinic

(CBOC). Estimate 550 lbs. monthly / 6,600 lbs. annually.

Contract Period: Option 1 POP Begin: 07-01-2020 pathological, and residual chemotherapy waste treatment and disposal services to the Richmond Community Based Outpatient Clinic (CBOC). Estimate 150 lbs. monthly / 1,800 lbs. annually.

Contract Period: Option 1 pathological, and residual chemotherapy waste treatment and disposal services to the Texas City Community Based Outpatient Clinic (CBOC). Estimate180 lbs. monthly / 2,160 lbs. annually.

Contract Period: Option 1 pathological, and residual chemotherapy waste treatment and disposal services to the Lake Jackson Community Based Outpatient Clinic (CBOC). Estimate 70 lbs. monthly / 840 lbs. annually.

Contract Period: Option 1 pathological, and residual chemotherapy waste treatment and disposal services to the Katy Community Based Outpatient Clinic (CBOC). Estimate 600 lbs. monthly / 7,200 lbs. annually.

Contract Period: Option 1 pathological, and residual chemotherapy waste treatment and disposal services to the Tomball Community Based Outpatient Clinic (CBOC). Estimate 360 lbs. monthly / 4,320 lbs. annually.

Contract Period: Option 1 pathological, and residual chemotherapy waste treatment and disposal services for MEDVAMC Bldgs. 100, 109, 110, and 121 in accordance with the SOW. Estimate 75,435 lbs. monthly / 905,220 lbs. annually.

Contract Period: Option 2 POP Begin: 07-01-2021 POP End: 06-30-2022 pathological, and residual chemotherapy waste treatment and disposal services to the Beaumont Community Based Outpatient Clinic (CBOC). Estimate 390 lbs. monthly / 4,680 lbs. annually.

Contract Period: Option 2 pathological, and residual chemotherapy waste treatment and disposal services to the Lufkin Community Based Outpatient Clinic (CBOC). Estimate 510 lbs. monthly / 6,120 lbs. annually.

Contract Period: Option 2 pathological, and residual chemotherapy waste treatment and disposal services to the Galveston Community Based Outpatient Clinic (CBOC). Estimate 85 lbs. monthly / 1,020 lbs. annually.

Contract Period: Option 2 pathological, and residual chemotherapy waste treatment and disposal services to the Conroe Community Based Outpatient Clinic (CBOC). Estimate 550 lbs. monthly / 6,600 lbs. annually.

Contract Period: Option 2 pathological, and residual chemotherapy waste treatment and disposal services to the Richmond Community Based Outpatient Clinic (CBOC). Estimate 150 lbs. monthly / 1,800 lbs. annually.

Contract Period: Option 2 pathological, and residual chemotherapy waste treatment and disposal services to the Texas City Community Based Outpatient Clinic (CBOC). Estimate180 lbs. monthly / 2,160 lbs. annually.

Contract Period: Option 2 disposal services to the Lake Jackson Community Based Outpatient

Clinic (CBOC). Estimate 70 lbs. monthly / 840 lbs. annually.

Contract Period: Option 2 POP Begin: 07-01-2021 pathological, and residual chemotherapy waste treatment and disposal services to the Katy Community Based Outpatient Clinic (CBOC). Estimate 600 lbs. monthly / 7,200 lbs. annually.

Contract Period: Option 2 pathological, and residual chemotherapy waste treatment and disposal services to the Tomball Community Based Outpatient Clinic (CBOC). Estimate 360 lbs. monthly / 4,320 lbs. annually.

Contract Period: Option 2 pathological, and residual chemotherapy waste treatment and disposal services for MEDVAMC Bldgs. 100, 109, 110, and 121 in accordance with the SOW. Estimate 75,435 lbs. monthly / 905,220 lbs. annually.

Contract Period: Option 3 POP Begin: 07-01-2022 POP End: 06-30-2023 pathological, and residual chemotherapy waste treatment and disposal services to the Beaumont Community Based Outpatient Clinic (CBOC). Estimate 390 lbs. monthly / 4,680 lbs. annually.

Contract Period: Option 3 pathological, and residual chemotherapy waste treatment and disposal services to the Lufkin Community Based Outpatient Clinic (CBOC). Estimate 510 lbs. monthly / 6,120 lbs. annually.

Contract Period: Option 3 pathological, and residual chemotherapy waste treatment and disposal services to the Galveston Community Based Outpatient Clinic (CBOC). Estimate 85 lbs. monthly / 1,020 lbs. annually.

Contract Period: Option 3 pathological, and residual chemotherapy waste treatment and disposal services to the Conroe Community Based Outpatient Clinic (CBOC). Estimate 550 lbs. monthly / 6,600 lbs. annually.

Contract Period: Option 3 pathological, and residual chemotherapy waste treatment and disposal services to the Richmond Community Based Outpatient Clinic (CBOC). Estimate 150 lbs. monthly / 1,800 lbs. annually.

Contract Period: Option 3 pathological, and residual chemotherapy waste treatment and disposal services to the Texas City Community Based Outpatient Clinic (CBOC). Estimate180 lbs. monthly / 2,160 lbs. annually.

Contract Period: Option 3 pathological, and residual chemotherapy waste treatment and disposal services to the Lake Jackson Community Based Outpatient Clinic (CBOC). Estimate 70 lbs. monthly / 840 lbs. annually.

Contract Period: Option 3 pathological, and residual chemotherapy waste treatment and disposal services to the Katy Community Based Outpatient Clinic (CBOC). Estimate 600 lbs. monthly / 7,200 lbs. annually.

Contract Period: Option 3 pathological, and residual chemotherapy waste treatment and disposal services to the Tomball Community Based Outpatient Clinic (CBOC). Estimate 360 lbs. monthly / 4,320 lbs. annually.

Contract Period: Option 3 disposal services for MEDVAMC Bldgs. 100, 109, 110, and 121 in accordance with the SOW. Estimate 75,435 lbs. monthly / 905,220 lbs. annually.

Contract Period: Option 4 POP Begin: 07-01-2023 POP End: 06-30-2024 pathological, and residual chemotherapy waste treatment and disposal services to the Beaumont Community Based Outpatient Clinic (CBOC). Estimate 390 lbs. monthly / 4,680 lbs. annually.

Contract Period: Option 4 POP Begin: 07-01-2023 pathological, and residual chemotherapy waste treatment and disposal services to the Lufkin Community Based Outpatient Clinic (CBOC). Estimate 510 lbs. monthly / 6,120 lbs. annually.

Contract Period: Option 4 pathological, and residual chemotherapy waste treatment and disposal services to the Galveston Community Based Outpatient Clinic (CBOC). Estimate 85 lbs. monthly / 1,020 lbs. annually.

Contract Period: Option 4 pathological, and residual chemotherapy waste treatment and disposal services to the Conroe Community Based Outpatient Clinic (CBOC). Estimate 550 lbs. monthly / 6,600 lbs. annually.

Contract Period: Option 4 pathological, and residual chemotherapy waste treatment and disposal services to the Richmond Community Based Outpatient Clinic (CBOC). Estimate 150 lbs. monthly / 1,800 lbs. annually.

Contract Period: Option 4 pathological, and residual chemotherapy waste treatment and disposal services to the Texas City Community Based Outpatient Clinic (CBOC). Estimate180 lbs. monthly / 2,160 lbs. annually.

Contract Period: Option 4 pathological, and residual chemotherapy waste treatment and disposal services to the Lake Jackson Community Based Outpatient Clinic (CBOC). Estimate 70 lbs. monthly / 840 lbs. annually.

Contract Period: Option 4 pathological, and residual chemotherapy waste treatment and disposal services to the Katy Community Based Outpatient Clinic (CBOC). Estimate 600 lbs. monthly / 7,200 lbs. annually.

Contract Period: Option 4

4,320.00 LB ________________

Contractor shall provide, on a fee-per-pound basis, medical/special, pathological, and residual chemotherapy waste treatment and disposal services to the Tomball Community Based Outpatient Clinic (CBOC). Estimate 360 lbs. monthly / 4,320 lbs. annually.

Contract Period: Option 4

GRAND TOTAL ________________

i. Prior to exercising any option, the Contracting Officer shall ensure it is still in the government’s best interest to do so, price and other factors considered.

ii. Any extension, in accordance with FAR 52.217-8, shall utilize Option 4 pricing.

Thus, the offeror’s total price for the purpose of evaluation shall include the base period, 1st option, 2nd option, 3rd option, 4th option, and ½ of the 4th option. As indicated in FAR 52.217-8, the government will have the option provision to extend the performance of the contract up to an additional 6 months when the contractor is provided written notice. Thus, providing separate price for the option six-month extension period is not required.

B.4 SCOPE OF WORK

Title: Regulated Medical Waste (RMW) Services

1. SCOPE:

The Contractor shall provide all labor, tools, materials, supplies, equipment, supervision and transportation required to perform medical/special, pathological, and residual chemotherapy waste treatment and disposal services on a fee-per-pound basis to the Michael E. DeBakey Veteran Affairs Medical Center (MEDVAMC) in Houston, TX, along with a total of nine (9) individual Community Based Outpatient Clinics (CBOCs) located in Beaumont, Lufkin, Galveston Island, Conroe, Richmond, Texas City, Lake Jackson, Katy and Tomball, Texas with the specific service requirements as outlined in this SOW. The specific services at a minimum shall include all materials, manpower, process equipment, licenses, permits, fees, fuel surcharge, transportation and computerized documentation for the complete pickup, treatment and disposal of an estimated total of 78,330 lbs./monthly of medical/special, pathological and residual chemotherapy waste in an Approved or Alternate Treatment Methods Technology for Special Waste from Health Care-Related Facilities in strict compliance with all applicable Federal (CDC, OSHA, DOT, EPA), State (TCEQ, TDH), and Local laws, regulations, ordinances, and codes, etc. Once the San-I-Pak autoclave machine is operational the amount of RMW at the Main Facility is expected to drop to, an estimated amount of, 1,000 lbs./monthly. The amount of Chemotherapy Waste is estimated to be 800 lbs./month. The amount of Pathological waste is estimated to be 400 lbs./month.

2 OPERATIONAL COVERAGE:

2.1 Normal work hours: Monday through Friday 8:00 am - 4:30 pm (excluding Federal Holidays).

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

3 SPECIFICATION

3.1 Main Campus (Building 100, 109, 110, 121, and other outline buildings)

3.1.1 The contractor shall furnish appropriate and adequate (at least 115) amounts of 97/100-gallon, portable pre-labeled bio-hazard containers with closeable lids for the daily collection, storage and transportation of medical waste, and 20 each for chemotherapy waste containers. All containers shall be washed and sanitized daily before delivery and reuse. Containers shall be maintained per manufactured-design or replaced to meet manufacturer’s specifications, OSHA, DOT, and TCEQ regulations.

3.1.2 Container storage and pickup locations: Building 100: West Dock; Building 109:

South West Dock; Building 110: South Dock; Building 121: Room 121-113. The Contracting Officer’s Representative (COR) reserves the right to make changes to locations to meet the needs of the facility.

3.1.3 Pickup Times: Containers shall be picked up daily, Monday through Saturday (and as needed) between the hours of 6:00 am and Noon, excluding Federal holidays. The contractor is responsible for adhering to established methods for picking-up, manifesting, transporting, documenting, labeling, processing, and delivery verification to the treatment and disposal facility generated infectious medical, pathological, and chemotherapy waste per State, Local, CDC, OSHA, DOT, and EPA regulations/laws/codes, etc.

3.1.4 The Contractor shall ensure treatment and disposal of VAMC generated chemotherapy (CD) wastes and Pathological Waste are segregated at storage on site, in separate pre-labeled containers provided by the vendor. CD and Pathological Waste shall be treated (incinerated) and disposed in accordance with the approved treatment method enforced by federal, state, and local laws, regulations, and ordinances, including the TCEQ, TDH, OSHA, CDC, and EPA.

3.2 Community Based Outpatient Clinics:

3.2.1 The contractor shall furnish appropriate and adequate amounts of containers for the daily collection, storage and transportation of medical waste. Containers shall be maintained per manufactured-design or replaced to meet manufacturer’s specifications, OSHA, DOT, and TCEQ regulations.

3.2.2 Container storage and pickup locations: To be determined by COR

3.2.3 Pickup Times: The Contractor shall ensure the waste stream is managed and picked-up at each facility weekly/as needed on a normal working day between the hours of 10:00 am – 2:00 pm, unless otherwise approved by the Contracting Officer (CO) or COR. The off-site VA facilities managed by the MEDVAMC currently include:

CBOC Facility CBOC Address Monthly estimated Lbs.

Beaumont 3420 Veterans Circle, Beaumont, TX 77707 390 Charles Wilson 2206 North John Redditt Dr., Lufkin, TX 75904 510 Galveston Island 3828 Avenue N, Galveston, TX 77550 85 Conroe 690 South Loop 336 West, Conroe, TX 77304 550 Richmond 22001 SW Freeway, Ste 200, Richmond, TX 77469 150 Texas City 9300 Emmett F. Lowery Expressway, Ste 206, Texas

City, TX 77591

Lake Jackson City 208 Oak Drive South, Lake Jackson, TZ 77566 70 Katy 750 Westgreen Blvd., Katy, TX 77450 600 Tomball 1200 W. Main Street, Tomball, TX 77375 360

3.3 Contingency Plan (CP)

3.3.1.1 The Contractor shall furnish a CP in the event any VA facility, listed in the SOW is affected by a major disaster or shut down, planned or unplanned. The CP shall be active within 12 hours of notification from the COR. A copy of this plan shall be provided to the CO with their technical quote submission. The plan shall:

3.3.1.1.1 Include provisions for 3-4 days for each SOW facility.

3.3.1.1.2 Include provisions for 30 days for each SOW facility.

3.3.1.1.3 Include provisions for an additional 30 days at the recommendation and discretion of the COR.

4 TERMS/PROVISIONS

4.1 The Contractor shall develop and provide the COR a copy of their CP that would be implemented to provide and support all VA facilities listed in this SOW, as applicable for equipment and supplies installed/placed on site or during any National Weather Center declared major natural disaster weather event that has the ability to hinder or stop the pick-up and removal of infectious medical waste from any of the VA facilities listed in this SOW. We recommend, the contingency plan include provisions for temporary storage requirements and delivery of 3-4-day supply of medical waste storage containers to the facility prior to any confirmed natural disaster that may impact medical treatment processes at this facility. The COR shall be provided a copy to review and approve prior to award of this service contract.

4.2 The Contractor shall provide evidence that their off-site or on-site medical/special waste treatment and disposition system for processing untreated RMW/special/infectious waste meets the performance standards, as outlined in 25 TAC 226 and TCEQ 30 TAC 330, Subchapter Y, 330.1201-330.1221. Failure to meet this requirement shall call for immediate termination of requested service stated and required in this contract.

4.3 The Contractor shall ensure an electronically generated copy of the medical waste manifest or a written record per 30 TAC, Chapter 330.1211 is attached to each electronically generated invoice showing proof of the daily quantity and total monthly amount of medical waste treated in pounds, prior to requesting and receiving payment for services rendered. The inventory report shall include each site listed in this SOW; along with the amount of RMW, Chemotherapy Waste, and Pathological Waste.

4.4 The Contractor shall maintain documentation demonstrating its employees or contractors are properly trained, medical tested and wear an appropriate level of Personal Protective Equipment (PPE). The Contractor shall ensure employee or contractors wear personal protective equipment, prior to engaging in any activities involving maintenance of processing equipment or handling of infectious waste generated by this health care facility per 29 CFR OSHA 1910.1030.

4.5 The Contractor shall provide technical assistance and training to facility personnel on current waste segregation, waste collection, and reduction practices, as needed to support the facility’s solid waste reduction program goals per Executive Order 13693.

4.6 If applicable, the Contractor shall meet all requirements necessitated by regulatory or technology changes during the life of this contract, at no additional cost to the Government. Failure to meet these specifications and requirements in 30 TAC 330, Subchapter Y and 25 TAC Chapter 1, Subchapter K shall be grounds for unilateral termination of the service.

4.7 The Contractor is fully responsible and liable for all incidents resulting from any claims or reports for any infectious diseases or reactions resulting from using their technology either on-site or off-site at present or in the future.

4.8 The Government shall ensure regulated medical waste (includes special waste), other infectious materials and residual chemotherapy waste generated from clinical and/or research processes are discarded into approved containers provided by the contractor for storage and transport of medical/special/infectious and residual chemotherapy waste to the contractor’s regulated medical waste treatment and disposal site.

4.9 The Contractor shall as a separate contingency option, furnish all services, materials, equipment, transportation, storage and manpower, as necessary to treat and dispose of DOT Infectious Substances, i.e., identified as “Category A and Category B” mixed with medical/infectious waste on a fixed per-drum-fee, in strict compliance with Federal (CDC, OSHA, EPA, and DOT) and State (TCEQ) regulations.

4.10 Continuity of Service: A thirty (30) day Phase-in/Phase-Out period, effective on the contract commencement date is required to facilitate a potential change in contractors upon expiration of the current contract and to ensure continuity for service. When there is a change in contractor, it shall be the responsibility of the new contractor to ensure the transition is accomplished without delays in scheduling RMW services.

4.11 Changes to Contract or SOW: Changes to this SOW or the impending contract shall only be authorized and approved through written correspondence form the CO. A copy of each change shall be kept in a project folder along with all other documents or items pertaining to the project.

Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

4.12 Payment: The contractor shall submit requests for payment electronically to the VA’s

Tungsten Network. Invoices shall be paid monthly in arrears for all authorized work performed upon receipt of a properly prepared invoice submitted to: https://www.fsc.va.gov/einvoice.asp.

Invoices must include contract number, purchase order number, location inspected/treated and date inspected/treated. Non-performance or late performance may result in delayed or reduced payment under this contract.

(End of Scope of Work)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.3 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS

(JAN 2008)

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

(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 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.

C.6 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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond 06-30-2020. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 06-30-2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(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 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN

MINIMUM REQUIREMENTS (DEC 2009)

(a) This clause does not apply to small business concerns.

(b) If the offeror is required to submit an individual subcontracting plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small business concerns shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total dollars planned to be subcontracted.

(c) For a commercial plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small businesses shall be at least commensurate with the…