36C25620Q0605-001.docx

36C25620Q0487

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. C ONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________

. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS AC

CEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17,

23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

598-20-2-8317-0048 36C25620Q0487 -11 -2020

SHAWN VANZANDT

(479) 444-5013 -22 -2020 Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703 X x 562211 $41.5 Million N/A X Department of Veterans Affairs Veterans Healthcare System of the Ozarks Purchasing & Contracting (90C) 1100 N. College Ave.

Fayetteville AR 72703 Department of Veterans Affairs Veterans Healthcare System of the Ozarks Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-8972 Contractor shall provide all labor and personnel for hazardous waste, nonhazardous waste and universal waste waste service to include completion of manifests, materials, supervision, equipment, labels, collection, analyzing, sorting, preparation, packaging, transportation and disposal of hazardous waste by means of incineration, fuel blending, and/or reclamation/recycling in accordance with this RFQ and attachments hereto.

THIS ACQUISITION IS SET-ASIDE FOR

SMALL BUSINESSES.

x X

KEVIN D. POLLARD

CONTRACTING OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

SERVICE ON STATION: VENDOR TO PROVIDE ALL LABOR AND PERSONNEL FOR HAZARDOUS WASTE, NON-HAZARDOUS WASTE AND UNIVERSAL WASTE SERVICE, SEE ATTACHED COMPLETE STATEMENT OF WORK FOR FURTHER DETAILS.

Contract Period: Base POP Begin: 06-01-2020 POP End: 05-31-2025

NOTES:

(1) Orders may be issued by mail, email, or facsimile.

(2) Orders may only be placed by warranted contracting officers of VHA Network Contracting Office 16 (NCO 16).

(3) Orders will be priced based on the price(s) in effect on the date the order is signed by the Contracting Officer

(4) The total guaranteed minimum value of this contract is $25,000.00. The Government makes no other guarantees regarding combined or individual order amounts.

(5) The maximum capacity (value) for this contract, including all orders placed against it is limited to $1,750,000.00. This amount shall not be exceeded by any individual order, or combination of orders placed.

(6) Neither this contract nor any order placed against it authorize payment of any cancellation charges to the contractor or any other entity, including but not limited to subcontractors.

B.2 CONTRACT ADMINISTRATION DATA

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

1. Contract Administration: All contract administration matters will be handled by the following individual(s):

Telephone #: ________________________ Fax #: ____________________________ e-Mail Address: ____________________ Tax Identification Number: ____________ DUNS Number: _____________________

b. GOVERNMENT: Shawn Vanzandt Department of Veterans Affairs, Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville, Arkansas 72703

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

36C25620Q0487

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B.3 STATEMENT OF WORK

STATEMENT OF WORK FOR PACKAGING, TRANSPORATION AND DISPOSAL OF HAZARDOUS AND UNIVERSAL WASTES

1. Contractor shall provide all labor and personnel for hazardous waste, nonhazardous waste and universal waste service to include completion of manifests, materials, supervision, equipment, labels, collection, analyzing, sorting, preparation, packaging, transportation and disposal of hazardous waste by means of incineration, fuel blending, and/or reclamation/recycling for John L. McClellan Memorial Veterans Hospital in Little Rock, AR and the Eugene Towbin Medical Center in North Little Rock, AR, together known as Central Arkansas Veterans Healthcare System (CAVHS). The contractor shall also provide staff for biweekly collection, sorting and inventory of pharmaceutical waste (spent, expired, wasted medications) from the facility wards (up to 50 locations). The contractor shall adhere to these requirements in accordance with (IAW) all terms, conditions, provisions, schedules, and specifications of this SOW, local, state, federal and VHA regulations.

Note* Offerors are to provide price per pack charges only. This price must be INCLUSIVE of ALL other costs, including but not limited to items as listed per statement of work, i.e., chemist fees, incineration fees, recovery fees, transporter fees, packaging, labor for preparation and packaging, administrative costs to provide required documentation, etc.

THE FOLLOWING CATEGORIES OF WASTE ARE SUBJECT TO THIS CONTRACT:

Hazardous Waste: Any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. Hazardous waste includes extremely hazardous material. This also includes all materials identified by the Resource Conservation and Recovery Act of 1976 (RCRA); Subtitle C, 40 CFR, Parts 260-265 and the State of California and Safety Code, Section 25117.

Extremely Hazardous Waste: This includes all materials also identified by the 1976 RCRA and State of California Health and Safety Code, Section 25115. This waste includes toxic corrosive acids, gases, chemicals, and solids which may be explosive, flammable or highly corrosive and could cause disease or serious injury to human health.

Mixed Waste (Medical Waste and Hazardous Waste): Contaminated dressings, tissues, gloves, masks, hair covers, and other materials. This is hazardous waste and is subject to the regulations applicable to hazardous waste.

Special Medical Waste: As defined in the Medical Waste Management Act (MWMA) (Ca. Health and Safety Code, Sections 117600-118360 and 49CFR Part 173, Appendix G) Universal Waste: EPA’s universal waste regulations streamline hazardous waste management standards for federally designated “universal waste” shall include batteries, pesticides, mercury-containing equipment, and bulbs (lamps). Universal Waste regulations are set forth in 40 CFR part 273. Contractor will be responsible for compliance with state regulations in California and Nevada.

Asbestos Waste: As defined in 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos Nonhazardous Waste: any type of industrial waste which, according to regulations, cannot be added to a dumpster or sewage line (i.e. sugars, lactic acid, bromides, or carbonates) Medical Waste: Medical waste means waste which meets both of the following requirements;

2. DESCRIPTION/ SOW

A. INTRODUCTION: John L McClellan Memorial Hospital, Little Rock, and the Eugene Towbin VA Medical Center, North Little Rock, Arkansas facilities produce hazardous and nonhazardous wastes, pharmaceutical wastes and universal wastes as defined by the U.S. Environmental Protection Agency. Both facilities require services for collection, sorting, removal, transportation and disposal by an EPA approved Hazardous Waste Contractor. Waste will be picked up at multiple locations at 4300 West 7th St., Little Rock, AR and 2200 Fort Roots Drive, North Little Rock, AR.

B. Disposal includes the collection, preparation and packaging on site, shipping and disposal in compliance with all existing laws and regulations of the United States including, but not limited to EPA Hazardous Waste Regulations in 40 CFR 260 et seq; EPA storage and disposal regulations in 40 CFR 761 et seq.: Arkansas Hazardous Waste Management Code (latest edition); Hazardous Material Transportation Regulations in 49 CFR 100 et seq.; and laws and regulations of any state, country, township or municipal subdivision thereof or other governmental agency which may be applicable to the removal, transportation and disposal of the waste. Packaging and removal must occur on the same day. The Treatment, Storage, Disposal Facility (TSDF) may then process per regulations of 40 CFR parts 264 and 265 and the permitting regulations of 40 CFR part 270.

C. Contractor to perform weekly removal of pharmaceutical waste from within the LR and NLR campuses (1x per week each campus every other week 26). Waste will be on each ward (approximately 50 locations); Provide staff that will collect and segregate waste medications into hazardous, nonhazardous and P and U listed wastes and weigh each category, document/inventory the items and provide totals to the COR weekly; Staff must be trained to handle hazardous wastes and materials, pharmaceutical waste, to include narcotics and spills to include clean up and disposal.

D. The contractor shall obtain all permits, licenses, manifests and other forms of documentation required to comply with the above laws and regulations. Prior to commencement of contract performance Contractor shall provide Hazardous Waste Management Permit, Hazardous Waste Transportation Permit and information on the disposal Site. All manifests and permits shall be obtained and processed to all necessary agencies within the required notification period by the contractor. Upon contact from the Contracting Officers Representative (COR), the contractor shall pick up waste no less than four (4) times per year for each facility, unless otherwise approved by the contracting officer. Exact dates will be agreed upon by the COR and the Contractor subject to approval by the Contracting Officer. Work shall be performed during normal working hours for this facility (i.e.; 06:30 AM – 3:00 PM, Monday through Friday excluding Federal Holidays). If work must be performed during other than regular working hours, the contractor must coordinate with the COR to make necessary arrangements.

E. OBJECTIVE: The objective of this contract is for the collection, sorting, packaging, removal and disposal of hazardous, nonhazardous, pharmaceutical and universal wastes in the most environmentally preferred method, (i.e. means of incineration, fuel blending, and/or reclamation/recycling) in a timely manner in accordance with all Federal, State and local regulations.

F. QUANTITY AND DESCRIPTION: The facility generates hazardous, nonhazardous, universal and pharmaceutical waste. These wastes are located at various locations at CAVHS. The contractor shall provide information to the VA to judge whether the site is not only approved by Federal, state, and local governments, but also that they are operated with such integrity that there are no pending administrative or judicial actions, nor to the extent that can be reasonably determined are the site (s) likely to have same in the future non-regulated chemical waste. The waste typically comes from Clinical and Research Laboratories, Pharmacy and Engineering Shops.

A lab pack is an overpack container, usually steel or fiber drum containing small quantities of chemicals of the same hazardous class in either five (5), fifteen (15), thirty (30) or fifty-five (55) gallon size. The non-lab pack fifty-five-gallon drums or drums with overpacks will be billed at the fifty-five (55) gallon lab pack price for the appropriate DOT class. The contractor is expected to dispose of all waste generated at CAVHS in accordance with all provisions set forth in this contract. Any waste stream that cannot be handled by the contractor must be indicated in the proposal.

NOTES: EPA Waste Codes D001, D002, D003, D004, D005, D006, D007, D008, D009, D010, D011, D022 D035, D040, F003, P001, P012, P075, P087, U012, U019, U044, U058, U122, and U246 are typical wastes generated by the medical center. Due to renovation work, disposal of PCB containing ballasts may be required. This list of the bid items is not all inclusive for future waste disposals.

G. SAFETY: The contractor must perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, contractor personnel and equipment shall comply with all safety requirements set forth in applicable state, Federal, and local laws and regulations and shall ensure that its agents and employees perform the work in a safe manner. The contractor shall ensure that all personnel involved in handling and packaging hazardous waste be trained for the level of expertise required for the proper performance of the task and in the areas of chemical incompatibility, general first aid procedures, and spills. Handling and personnel protective equipment shall be provided by the contractor and be appropriate to ensure safe handling of the hazardous waste. All employees present at the work site shall be trained to use all protective equipment. Prior to commencement of contract performance, Contractor shall provide references and record of required training.

H. MEDICAL SURVELLANCE: The contractor shall have a medical surveillance program for personnel involved in the direct handling and /or exposure to the chemical waste or to the chemical’s primary containers to detect and correct job-related injuries or conditions. Medical surveillance programs typically involve a medical history, an annual generated physical to assess an individual’s capability to work using respiratory-protective equipment, blood and urine tests to assess the status of an individual’s kidneys, liver, and nervous system and other laboratory tests for contaminants to which the person may be exposed; e.g.: heavy metals, organophosphate pesticides, etc.

I. TRANSPORTATION: The contractor shall have required EPA and state registry for hazardous waste transport and shall also have verifiable records of good shipping practices which may be checked through local DOT authorities. The Environmental Protection Agency Uniform Hazardous Waste Manifest shall be used unless superseded by other requirements.

a. The contractor shall, where possible, minimize interlining or intermediate stopping before reaching the disposal site. “Nose Loading” on less than full truckload (LTL) shipments shall be required by the contractor.

J. DISPOSAL: Contractor shall use environmentally sound methods of recycling, treating and destruction of wastes. CAVHS requires recycling/reuse of wastes, whenever feasible, as a preferred method of disposal. All methods for disposal must be in accordance with the EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. The pick-up areas where containers are placed shall be maintained in a clean, orderly, sanitary condition. Attention shall be paid to the prompt cleanup of oil, stain and/or grease spills, either generated from the vehicles used to haul containers or because of container leakage. Contractor furnished containers shall be kept neat, in clean and sanitary appearances, and repaired or replaced as necessary.

Contractors should refer to the participating VA Healthcare System preferred disposal hierarchy when determining disposition of waste. This hierarchy consists of a) recycling, b) fuel blending/ energy recovery, c) incineration (Part B permitted incinerators), or d) treatment (neutralization, stabilization) and/or landfill. A detailed description of the VA Healthcare System disposal hierarchy is available from the Contracting Officer’s Representative (COR).

Contractor shall comply with all applicable federal, state, county regulations on workers’ safety standards and related training. All Contractor personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill. Certification of such training must be provided within fifteen days of receiving notice of award of the contract. Certification for any new employees shall be provided to the Contracting Officer within thirty (30) days of receipt of the training.

WITHOUT EXCEPTION – NO MATERIAL IN THE FORM OF BULK LIQUIDS, SEMI SOLIDS, SOLIDS, AND/OR SLUDGES MAY BE DISPOSED OF IN A LANDFILL WITHOUT PRIOR WRITTEN APPROVAL FROM THE CONTRACTING OFFICER.

The contractor shall submit a list of the items that will be disposed of by other means as listed in this section and will include the method and location for disposal for approval by the COR. If the landfill is owned and/or operated by a subcontractor or privately-owned entity, guidelines, regulations, and records in this contract shall apply. It is the prime contractor’s responsibility to comply with this specification.

K. CERTIFICATE OF DISPOSAL: The letter or Certificate of Disposal from the site verifying disposal will generally lag the manifest. A twenty percent (20%) retainage shall be withheld pending receipt of proof of disposal. The contractor shall provide Certificate of Disposal within six (6) months of material pick up or will provide a written statement of status to the COR.

a. Acceptance of the hazardous waste at a properly permitted treatment or disposal facility does not meet the definition of disposal under this contract. It is the Contractor’s responsibility to obtain all necessary documentation, including the completed uniform manifest, to verify that both the delivery and the disposal of all items have been accomplished. A uniform manifest signed by the disposal site will show that the waste has been received but only a letter from the site operator or other certification will show actual disposal.

b. Disposal Site - The contractor shall provide documentation that the site is approved by Federal, state, and local governments, and that it is operated such that there are no pending administrative or judicial actions, nor to the extent that can be reasonably determined are the site (s) likely to have same in the future

L. SPILLS: The contractor shall report all spills and personnel exposures during waste preparation, packaging or shipping to the COR. The contractor shall be responsible for, and bear the cost of, cleanup. The contractor shall be responsible for all spills and shall provide all labor, equipment, and personal protective equipment required or needed for the clean up of hazardous waste. Clean up shall be considered complete only upon the final inspection and clearance by the COR. Such incidents shall first be reported by telephone to the Safety Office immediately following discovery and followed in writing to the Safety Office not later than five (5) days after initial telephone report.

When reporting a spill, the following minimum information is required: Item spilled (identification, quantity , and manifest numbers); whether amount spilled is Federal/State/Local reportable, if reported, a copy of the report; personnel injury involved; exact location of spill; containment procedures initiated; anticipated clean up and disposal procedures; disposal location of spill residue; assistance required and a narrative summarizing all communication with Local, State, and Federal officials and media contacts with their names, telephone numbers, and addresses.

M. Spill Response: The Contractor will provide spill response/clean-up as required by the Government. The Government will provide the Contractor with the location, size, name of chemical or material involved, proximity of sewers and urgency and any governmental agencies called. The Contractor has four (4) hours to be on site after the phone call has been placed. The Contractor shall provide appropriate personnel and equipment to mitigate and remove released hazardous materials. Coverage will be on a 24-hour, 7 day a week basis.

*The contractor will provide their spill procedures for integration into facility level SPCC or contingency plans. The contractor will provide their billing procedure that would be used for spill and emergency response activity.

N. INSPECTIONS: The contractor and subcontractor(s) are subject to announced or unannounced inspections of their operations and records by the VA Contracting Officer and/or his designated representative to verify contract compliance. This does not relieve the prime contractor of his responsibility to ensure proper contract compliance by his own inspections or by other means. Upon request the contractor shall submit complete copies of any Federal, State, or Local government inspections to the Contracting Officer.

O. Characterization of waste: The Contractor shall provide documentation that it has characterized the hazardous nature of all wastes produced by all equipment, devices, reagents, and discharges in accordance with the requirements of the Code of Federal Regulations Title 40 “Protection of the Environment” Part 261 et seq. and applicable state and local requirements. Documentation shall include a description of the characteristics of the hazardous waste produced as a byproduct of the instrument operations, Safety Data Sheets (SDS) meeting the requirements of the Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA), the analytical process used to determine the hazardous nature and characteristics of the waste, and the analytical test results. Testing of hazardous waste is to be done in accordance with testing protocol specified for each individual waste as described in the Code of Federal Regulations Title 40 to decide if the waste is a hazardous waste or otherwise regulated. The determination and description shall address the following:

· Waste toxicity (Reference 40CFR261.11 and 40CFR261.24)

· Waste ignitability (Reference 40CFR261.21)

· Waste corrosivity (Reference 40CFR261.22)

· Waste reactivity (Reference 40CFR261.23)

· Hazardous waste from non-specific sources (F-listed) (Reference 40CFR261.31)

· Discarded commercial products (acutely toxic or P-listed and toxic or U-listed) (Reference 40CFR261.33)

· Solid Waste (Reference 40 CFR 261.2)

· Exclusions (Reference 40 CFR 261.4)

P. SAVE HARMLESS AND INDEMNITY AGREEMENT: The contractor shall save harmless and indemnify the VA with respect to any and all liability, claims, costs of what so ever kind and nature for injury to or death of any person or persons and for loss or damage to any property of the VA or of others occurring in connection with or in any way incident to or arising out of the occupancy, use, service operation or performance of work in connection with this contract resulting in whole or in part from the negligent or non-negligent acts or omissions of the contractor, any subcontractor or any employee, agent or representative of the contractor or of any subcontractor.

Q. REQUIRED INSURANCE: During the entire period of performance under this contract the contractor shall procure and maintain not less than the following minimum insurance and shall provide proof of insurance prior to commencing contract performance:

1. Workmen’s Compensation and Occupational Disease – in the amounts to satisfy applicable state law.

a. Employers Liability – Minimum amount of $100,000 per occurrence

b. Comprehensive General Liability – Minimum limits of $1,000,000 per occurrence for bodily injury or death but a limit of $2,000,000 total; and $1,000,000 per occurrence for damage to property of a third person (s)

c. Comprehensive Automobile Liability – Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage; higher minimum limits if required by applicable state laws

d. Contractors Pollution Liability-Minimum amount of $1,000,000 per occurrence

The contractor assumes all liability and responsibility for the hazardous waste produced by the VA once performance of work begins. Prior to the commencement of work the contractor shall furnish to the Contracting Officer a certificate or written statement of all required insurance. The policies evidencing required insurance shall contain an endorsement that cancellation or any material change in the policies adversely affecting the interests of the VA shall not be effective for a period prescribed by the laws of the state in which the contract is performed and in no event less than thirty (30) days after written notice to the Contracting Officer. The contractor agrees to insert the substance of this clause in all sub-contracts hereunder.

R. PACKAGING:

The contractor shall provide necessary personnel and all required materials to inventory, classify, sample, manifest, package, mark, label, and load the waste for transport. When repackaging is necessary the contractor shall be responsible for disposal of the original containers.

a. When regulations permit a choice of packaging material, extra packaging integrity shall be utilized. The contractor shall submit a list of packaging by waste type for approval by the Contracting Officer and/or COR. For example, the contractor shall use a steel container instead of a fiberboard container where DOT regulations permit either. Each item of hazardous material will be at least double containerized. For example, waste sulfuric acid will not be shipped in “poly carboy” alone; the carboy will be placed inside a steel drum and the containers shall be separated by non-reactive, non-combustible packaging material; e.g. vermiculite

S. DELIVERIES OR PERFORMANCE

a. PICK-UP: The contractor shall provide a minimum of four (4) performances each contract period consisting of a pick-up at each of the two facilities. The Government will provide fourteen (14) days advance notice to the contractor prior to the requested pick up date. The pick-up quantity will be at least the equivalent of one (1) fifty-five (55) gallon size lab packs per performance with an estimated quantity of 25 per contract period. The contract period is expected to be one year. All packaged waste shall be removed at one time between the hours of 6:30 AM and 3:00 PM, Monday through Friday, excluding Federal Holidays. The Contractor is required to contact the COR seven (7) days prior to coming to either facility. The locations for pick-up will be made available at the time of award.

***The following items are an estimate of what will be required to pick up on a quarterly basis*** Disposal-Lab pack approximate approximate number of containers

other

Histology Waste (HW) contains – Xylene, ETOH, EOSIN, Hematoxylin

Cytology Waste (CW) contains – Xylene, ETOH, EA-50, Orange G-6, Gill I Hematoxylin, Bluing Reagent

Microbiology Waste (MW) contains – Gram Decolorizer, Gram Safranin, Gram Crystal Violet, Gram Iodine, Kinyoun Carbolfusion, Methylene Blue, Decolorizer Alcohol (.5% & 3%), Potassium Permagnate, TB Aurmine Rhodamine Traunts Mod.

Hematology Waste (HemW) – Wright Stain, Methanol

Molecular Waste (MolW) – Cepheid Cartridge Waste

NLR Waste (NLRW) – Wright Stain, Methanol

Serology Waste (SW) – Amidoblack Stain and Acid Violet Stain

Blood Bank Waste (BW) – Isopropyl Alcohol

Contractor is required to supply the COR with the following:

(1) NAME AND ADDRESS OF CARRIER:

(2) DISPOSAL SITE (S)

b. Payment shall be made in arrears upon receipt and certification of a proper invoice at the designated payment office. Note that a 20% retainage will be held until receipt of a certificate of disposal.

Submit invoices to: Department of Veterans Affairs Financial Service Center PO Box 149971 Austin, TX 78714-9971

Invoice

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

(iv) Detailed description of 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 people 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.

T. Information Systems Officer, Information Protection:

The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

Privacy Officer:

The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. Any discovered PII/PHI will be secured and destroyed with the hazardous waste. All research data available for Contractor analyses is de-identified.

Records Manager:

· Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

· Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

· Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

· Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

· Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

· The Government Agency owns the rights to all data/records produced as part of this contract.

· The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver enough technical documentation with all data deliverables to permit the agency to use the data.

SECTION C - CONTRACT CLAUSES

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.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[X] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated…