36C25621Q0595_1 - DRAFT v4.pdf
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- Attached to
- V112--629-21-2-622-0105, Solid Waste Removal Federal contract opportunity
- Solicitation number
- 36C25621Q0595
About this file
This is a solicitation for solid waste removal services issued by the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 16. The solicitation requires contractors to provide comprehensive solid waste and recycling management services including collection, disposal, and compliance training at multiple Southeast Louisiana Health Care System facilities. Services include solid waste collection from containers and compactors at various sites three times per week, recycling of materials, and waste auditing. The response deadline is April 9, 2021, and the period of performance is one base year plus four optional one-year periods. The solicitation is set aside 100% for Service-Disabled Veteran Owned Small Businesses.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 36C25621Q0595 0002_1.pdf | ||
| 36C25621Q0595 0002.docx | DOCX document | |
| 36C25621Q0595 0001_1.docx | DOCX document | |
| 36C25621Q0595.docx | DOCX document | |
| Wage Determination 2015-5189 Rev 17.pdf |
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PAGE 1 OF1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. DUNS: DUNS+4:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 78
36C25621Q0595 03-18-2021
Taylor-Jackson, Tina L 1-800-935-8387x72041 04-09-2021
1300PM CDT
Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street
New Orleans LA 70112
X 100
X
562111
$41.5 Million
N/A
X
Department of Veterans Affairs Southeast Louisiana Veterans HCS 2400 Canal Street
New Orleans LA 70119
Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street New Orleans LA 70112
Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714 9971
See CONTINUATION Page
Non-personal Services; The Contractor shall provide the comprehensive management of solid waste and the recycling programs at Southeast Louisiana Health Care System (SLVHCS), which includes 5 Community Based Outpatient Clinics (CBOC), and a warehouse.
Questions due NLT March 30, 2021 by 13:00 PM via email to David.Bourgeois1@va.gov. No phone calls will be accepted.
Solicitation responses due NLT 09 April, 2021 by 13:00PM
Period of Performance: Base Period: May 20, 2021 to May 19, 2022, with four (4) twelve (12) month option periods.
Notice of Total Service Disabled Veteran Owned Small Business Set-Aside applies to all items in this solicitation
All Offerors must be registered and certified as a SDVOSB in Vetbiz at the time of solicitation response and at award.
See CONTINUATION Page
X
X 1
Ashley Haslauer
36C25621Q0595
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. GENERAL:
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT
2018)
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...41
C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA
ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND
COMPLIANCE (JUL 2018)
C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY
2014)
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)54
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL ITEMS (FEB 2021)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C256
Department of Veterans Affairs
Southeast Louisiana Veterans HCS
1515 Poydras Street
New Orleans LA 70112
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 []
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 Services Center
PO Box 149971
Austin TX 78714 9971
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
PERFORANCE WORK STATEMENT (PWS)
WASTE MANAGEMENT
1. GENERAL:
Contractor shall be responsible for allocating all equipment and personnel, including back-up resources, to meet all requirements for the comprehensive management of solid waste and the recycling programs at Southeast Louisiana Health Care System (SLVHCS). The comprehensive waste services shall include the collection and disposal of the waste, and the training and support required to ensure compliance with all Federal, State, and Local regulations. The Contractor must have relevant experience in providing comprehensive waste management services. The ability to provide waste audits and to properly separate waste streams is crucial to this requirement.
All self-contained roll off compactors shall be designed for dock usage or as further defined herein. Any mechanical or electrical modifications to accommodate the compactors in the designated dock areas will be at the cost of the Contractor and not the Department of Veterans Affairs (VA). The contractor also has the responsibility for maintaining/repairing the equipment/materials, compactors operation or supplies required at no cost to the VA. The compactors must be designed to meet or exceed all safety standards to include key type lock/start control; emergency stop, and safety retract controls. Unit must be designed to prevent leakage, spillage, odors and pest control concerns. The Contractor shall install, maintain and monitor an automated notification fullness system (i.e., fax) that will maximize usage and notify Contractor when compactor is ready for replacement. Setting will be at the agreement of the Contractor and COR to maximize usage of the units. The Contractor shall submit with his/her signed Proposal a detailed description of the type of compactor recommended for use under this Contract.
The Contractor shall clearly show a plan that will easily measure the reductions in volumes on a monthly basis. It shall be the responsibility of the Contractor to provide the tracking and reports in a timely manner, and action plans to address any shortfalls.
2. BACKGROUND:
The SLVHCS is a dynamic and progressive health care organization dedicated to providing quality, compassionate and accessible care and service to Louisiana veterans. The New Orleans VA Medical Center and Community Based Outpatient Clinics (CBOC), all work together to form this comprehensive health care delivery system. To ensure the provision of quality patient care, the health care system employs 2,500 plus professional, technical, administrative and support personnel who work together to meet the needs of Louisiana Veterans.
3. PERIOD OF PERFORMANCE:
Performance Period: The Period of Performance for this contract service shall be for one (1) base year and four (4) one-year option periods after Notice to Proceed. There will also be a 5th option period for six months, in accordance with FAR Clause 52.217-8.
Type of Contract: The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
4. PLACES OF PERFORMANCE: Solid Waste and recycling removal is required at the following sites:
a. VA Baton Rouge South CBOC, 7850 Anselmo Lane, Baton Rouge, LA.
b. Hammond CBOC, 1131 South Morrison Blvd., Hammond, LA
c. Slidell CBOC, 60491 Doss Dr, Suite B, Slidell, LA
d. Canal Street CBOC, 3434/3426 Canal St, New Orleans, LA
e. St. John CBOC, 247 Veterans Blvd, Reserve, LA
f. Poche Ct West Warehouse, 4301 Poche Court West, New Orleans, LA
g. VA Medical Center, 2400 Canal St., New Orleans, LA
Recycling plans and concepts will need to be developed for the following sites:
a. VA Baton Rouge South CBOC, 7850 Anselmo Lane, Baton Rouge, LA.
b. Hammond CBOC, 1131 South Morrison Blvd., Hammond, LA
c. Slidell CBOC, 60491 Doss Dr, Slidell, LA
d. Canal Street CBOC, 3424/3426 Canal St, New Orleans, LA
e. St. John CBOC, 247 Veterans Blvd, Reserve, LA
f. VA Medical Center, 2400 Canal St., New Orleans, LA
5. FREQUENCY OF SERVICE(s) PROVIDED:
Current Services Only:
Location Building Service Container Size
CBOC Hammond, LA Mon/Wed/Fri 8yd
CBOC Slidell, LA Mon/Wed/Fri 8yd
CBOC New Orleans, LA Mon/Wed/Fri 8yd
CBOC Reserve, LA Mon/Wed/Fri 8yd
CBOC Baton Rouge, LA Mon/Wed/Fri 8yd
2400 Canal Street D&T Loading Dock 1X Weekly 39yd Compactor
2400 Canal Street CEP Loading Dock 1X Weekly 40yd San-I-Pak Compactor (we own)
2400 Canal Street CEP Loading Dock On Call (Recycle) 8yd
2400 Canal Street CEP Loading Dock 1X Weekly 30yd Open
Warehouse Poche Ct Warehouse On Call 30yd Open
6. DAYS AND HOURS OF OPERATION:
Monday – Friday, 7:00 a.m. to 3:30 p.m. excluding federal holidays. The expectation is that solid waste containers are removed early enough and returned by 9:00 a.m.
on pick up days.
7. PERFORMANCE REQUIREMENTS: The contractor shall provide creative, efficient and innovative solutions that demonstrate the contractor’s ability to properly understand and perform the services of this requirement. The contractor shall demonstrate technical solutions and approaches that exhibit the contractor’s experience and qualifications in providing these services. The contractor shall be required to provide a demonstration of the resources, equipment and qualified personnel that are available to commit to this requirement. The contractor shall provide all labor, supplies, equipment, and disposal for the following services:
a. Solid waste disposal services
b. Recycling Services:
i. Scrap metal
ii. Pallets
iii. Shrink Wrap
iv. Plastic High Density Polyethylene Resin (HDPE) 1-5
c. Waste audits
d. Training for waste streams to ensure compliance
8. REFERENCE/REQUIREMENTS: The requirements of the following agencies must be met at all times, Environmental Protection Agency (EPA) 40 Code of Federal Regulations (CFR), Food and Drug Administration (FDA) Quality System Regulation as stated in 21 CFR Part 820, Department of Transportation (DOT) 49 CFR and Occupational Safety and Health Administration (OSHA).
9. GENERAL REFUSE/RUBBISH SPECIFICATIONS Provide all labor, transportation, containers and equipment to remove and dispose of general rubbish/trash at Southeast Louisiana VA Health Care System.
a. The Contractor shall provide SLVHCS (Site #1) with one thirty-nine (39) cubic yard self-contained roll off compactor designed for dock usage. Estimate one pull per week, 52 pulls per year. This compactor is also required to be cleaned once monthly. In addition, Contractor shall provide one 30 yard open top dumpster as needed (will call) basis. Estimate one pull per week, 52 pulls per year. Site #1 also has a 40 cubic yard San-I-Pak compactor that will require one pull per week, 52 pulls per year. This compactor is also required to be cleaned once monthly.
i. Compactors provided at SLVHCS must have an alert system (fax, automated or other VA accepted technology) to maximize fullness of unit and ensure replacements are made to avoid disruption to service.
ii. The Contractor also has the responsibility for maintaining/repairing the compactors operation at no cost to the SLVHCS unless due to abuse or vandalism by VA personnel. Unit must be designed to prevent leakage, spillage, odors and pest control concerns.
iii. The Contractor shall install, maintain and monitor an automated fullness notification system (i.e., fax) that will maximize usage and notify Contractor when compactor is ready for replacement. The fullness setting will be at the agreement of the Contractor and COR to maximize usage of the units. If the Contractor does not maintain all of the equipment furnished herein and adhere to all applicable industry standards regarding the upkeep and maintenance of the units, the Contractor may be held in default of the Contract and shall take immediate action to correct any deficiencies noted.
b. The Contractor shall provide the Warehouse (Site #2) one 30 yard open top dumpster as needed (will call) basis. Estimate one pull per month, 12 pulls per year.
c. Each of the 5 CBOCs will require an 8-yard dumpster with service every Monday, Wednesday, and Friday.
d. We estimate 600 tons of solid waste annually for SLVHCS which includes the 5 CBOCs combined. Offeror will provide an explanation of how they will provide verifiable weights of solid waste removed.
e. The SLVHCS solid waste service is a critical support service for the Hospital.
Solid waste must be removed from the facility in an efficient and timely manner so as not to interfere with work production within buildings or at the loading docks. Maintaining the cleanliness and aesthetic appearance of the equipment shall be a high priority.
f. The loading dock is the most critical area for the management of the solid waste. The waste must be removed on schedule so as not to interfere with the facility operations at the loading dock. The containers must be in good condition. As part of this solicitation, the contractor shall provide new equipment to ensure the cleanliness and aesthetic appearances are satisfactory.
g. Used compactor equipment will be authorized temporarily, provided that new compactors are ordered, and confirmation of order can be provided. The COR must approve equipment, locations, and contractor prior to implementation.
h. The compactor must be designed to maximize fullness and to minimize the required pulls, to avoid disruption to service. The compactor must be designed to meet or exceed all safety standards to include key type lock/start control, emergency disconnect within 10 feet of the machine, and an emergency stop. Unit must be designed to prevent leakage, spillage, odors and pest control concerns. Compactors shall have electronic notification devices that notify the COR and the contractor. Compactors will be required to have a cart dumper to minimize handling of the solid waste by the VA staff.
i. Any required mechanical or electrical modifications to accommodate the compactors in the designated dock areas shall be noted and corrected by the contractor. The Contractor is responsible for the installation of the compactor, once the VA has prepared the site as specified.
j. The Contractor must provide a plan for maintaining the cleanliness of the containers and equipment.
k. The Contractor shall provide the types and quantities of vehicles, solid waste collection equipment and/or containers proposed to provide the required services. A separate listing of proposed equipment and containers shall be provided for review.
l. The Contractor shall provide the proposed frequencies for the emptying of solid waste containers or equipment, including required times for off-site disposal.
m. The Contractor shall provide the methods and procedures proposed to provide the required preventive maintenance and emergency repairs to the Contractor provided solid waste containers and equipment. If abuse or vandalism is identified, it shall be immediately brought to the attention of the COR, and arrangements for repair shall be agreed upon by Contractor, Contracting Officer, and COR.
n. Contractor shall maintain a log of solid waste shipments. The log shall identify the date, time and quantities of solid waste shipped.
10.RECYCLING SPECIFICATIONS: Provide all labor, transportation, containers and equipment for recycling of all mixed grade paper / loose cardboard at Southeast Louisiana VA Health Care System in accordance with the specifications, terms and conditions of this solicitation.
a. The Contractor is responsible for the removal and transporting of recyclable mixed grade paper and loose cardboard for processing from SLVHCS pick up each Monday, Wednesday, and Friday
b. SPECIAL NOTE: Contractor will remove all the baled cardboard under this contract and all pallets Monday, Wednesday, and Friday.
c. The Contractor/awardee agrees that the collected recyclable paper may contain information which is subject to and protected by Title 5, U.S. Code, Section 552a, commonly known as the Privacy Act of 1974 and other confidentiality statues to which the Department of Veterans Affairs is subject, including Title 38, U.S.
Code, Section 3301 and Tide 38, U.S. Code, Section 4132. The Contractor by accepting award of this contract acknowledges that it is fully bound by these statues in its handling of paper and agrees that it will institute appropriate procedures to safeguard recyclable paper obtained from all sites.
d. The Contractor is responsible for the removal and transporting of all baled items from the facility. The baled items shall generate a rebate to the VA. The rebate shall be applied to the invoice for the comprehensive waste management.
e. Contractor shall maintain a log of recycling shipments. The log shall identify the quantities of recyclables shipped and the rebates generated as a result.
f. Contractor shall design a recycling program to institute recycling of items not currently captured by SLVHCS to meet the VA Directive. The recycling program shall be identified as part of the waste audit. Contractor shall consider single stream based on the size and location of facilities.
g. BATTERY PACKING All batteries shall be packaged for transportation in a manner which prevents short circuiting and damage to the battery or its terminals. This may be achieved by the following measures listed below:
i) Each battery must be placed in a separate plastic “baggie” or the terminal ends must be taped securely.
ii) All other batteries must be in accordance with all local, state and federal regulations. All containers shall be visibly labeled before any batteries are placed into the containers.
iii) Battery containers must be properly labeled and sorted by type.
iv) Large vented batteries (lead acid, vented NiCad, etc.) which are palletized shall have a heavy cardboard or non – conductive divider between the battery terminals if stacked on the pallet. Batteries must be securely packaged on the pallet in a way which prevents shifting during transportation.
h. BULB PACKING All bulbs shall be packaged for transportation in a manner which prevents breaking and or damage.
i) Lamps are to be shipped in original container or equal. Boxes and drums are available for purchase or rental. Containers shall be labeled Universal Waste prior to any bulbs being placed back into the container.
ii) Boxes of lamps can be placed on the same pallets that the originals come
on. If they are unavailable, attach two pallets together to accommodate the eight-foot lamps.
iii) Shrink-wrap the pallets for transport
iv) Pack the boxes full of lights, they travel better this way.
v) Tape the end of the box when full.
vi) Remove the dividers from the box.
vii) Arrange the boxes neatly on the pallet.
viii)Keep lamps dry.
i. SCRAP METAL/PALLETS The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform scrap metal and pallet recycling at SLVHCS. VA Warehouse personnel shall call the COR as needed for delivery of various size scrap metal containers including 10 cubic yard, 20 cubic yard, 30 cubic yard and/or 40 cubic yard. The contractor shall deliver and drop the container in an area designated by VA Warehouse personnel during normal business hours, between 8:00 am and 4:30 pm, Monday through Friday, excluding federal holidays. Once called, the contractor will deliver the scrap metal container within 48 hours upon the telephone request (excluding weekends and holidays). Container requests may be issued for any combination of containers. Once the container is full or ready for pick up, VA Warehouse personnel shall notify COR via telephone. VA Warehouse personnel shall neatly stack all pallets in accordance with the contractor’s specific guidance. The contractor shall pick up the materials and provide the COR a receipt.
11.WASTE AUDIT: The Contractor shall provide to SLVHCS an annual waste stream survey of all sites to include a formal written report after completion, in which contractor specifically reviews the waste generation and waste flow within the facility to determine areas of opportunity for waste reduction and elimination.
Once a clear reduction plan is approved, the Contractor and the VA will implement the program. Contractor and VA will develop internal relationships with generators and work with them to achieve the program's goals. Contractor and VA will train generators on the different types of waste in their area (infectious, noninfectious and recyclable) and where to properly dispose of it. The contractor shall monitor and track cost, waste generation by type and location, and training records for employees. All training records shall be sent electronically to the COR and COR designee.
Contractor understands that they shall also be required to provide subsequent briefing and in-service training for SLVHCS. This training shall be conducted at no cost to the VA. Dates and times of training will be mutually agreed upon between the Contractor and the COR.
The Contractor shall provide training for all sites as deemed necessary to include initial training for Environmental Management Service personnel on any new procedures relative to the handling/processing of regulated medical waste. This shall be scheduled (if necessary) by the COR after awarding of the contract. Cost for these services shall be provided at no additional cost to the VA and limited to once annually.
The Contractor provide a monthly tracking reporting system that shall allow for SLVHCS to track all wastes from the point of generation as a means to identify waste poundage and classification. This report shall clearly demonstrate the facilities classification of wastes and opportunities for reduction. The report shall track all waste streams-solid waste, medical waste, sharps wastes, incinerate only wastes, recycling and plastic diversion. The report shall also provide recycling factoids (ie.
pounds). The Contractor shall be responsible to submit to the COR a sample of the proposed report required for the approval of the COR. This sample shall be submitted within ten (10) calendar days of receipt of the Notice of Award.
12.CONTINGENCY PLAN: The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract to avoid an interruption of service due to failure of equipment or personnel issues. The Contractor shall provide the VA COR a contingency plan addressing back-up plans for collection, transportation, treatment and disposal of the VA’s waste in the event of any condition which impedes the ability to perform the services specified in this SOW.
The Contractor shall incur all cost associated with fulfilling this contingency plan at no additional cost to the Government.
a. Provide the following information on the contractor's emergency response (ER) capabilities (or any changes to original submission):
i) Contractor's ER policies.
ii) ER capabilities and experience and limitations.
iii) Type of ER equipment maintained (specify if owned or subcontracted and from whom).
iv) Personnel availability, training and experience.
v) Contractor's emergency response procedure shall describe:
(1) How to request an emergency response.
(2) How the contractor notifies personnel and initiates response action.
(3) Incident command procedures followed by the contractor.
(4) ER work practices.
(5) ER protection of health and safety practices.
(6) ER invoicing policy.
13.SPECIAL CONTRACT REQUIREMENTS
a. Qualifications:
i) Contractor shall have demonstrated at least three years’ experience servicing at least three similar size hospitals by submitting a list of references including telephone numbers, addresses, and contact names.
ii) Contractor shall provide a plan to demonstrate that they are capable of providing ongoing requirements and services in the event of service disruptions for any reason. Contractor shall provide information for primary and back-up sites for the following: regulated medical waste disposal services, reusable sharps container exchange services, solid waste disposal services, and recycling services.
iii) Contractor shall provide a complete background of their company as well as any company utilized to sustain this contract. Information will include but is not limited to: company’s full legal name, primary business address, all other office locations (city and state), and history, along with the number of years in business.
iv) Contractor shall demonstrate their ability to convert the VA locations to their services immediately after award of the contract.
v) Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract. Contractor shall incur all cost associated with fulfilling this contingency plan at no additional expense to the Government. Contractor shall be liable for all expenses incurred by the Government due to the contractor's inability to perform in accordance with these requirements.
vi) Contractor is required to identify any subcontractors and suppliers. Contractor is responsible for supervision, contract compliance and obtaining any necessary documentation from their subcontractors or supplies performing under this contract. If the contractor intends to utilize subcontractors and suppliers other than those initially identified, operating licenses, permits, certificates and any other forms required by regulatory agencies for the new facility must be submitted to the Contracting Officer no later than thirty (30) days prior to change. Any and all cost increases to meet additional regulatory requirements caused by such change of disposal facilities or any other contractor action relative to transport, storage, and/or disposal of regulated medical waste shall be borne by the contractor.
b. Contractor Personnel: The contractor shall provide a contract manager who is responsible for the performance/coordination of work defined in this contract. The name and phone numbers (during and after hours) of this person and alternate(s), who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Officer no later than fifteen (15) days prior to the contract start date. The contract manager and alternate(s) shall be able to understand, read, fluently speak, and legibly write the English language.
This person may perform services under this contract in addition to contract management duties. The contract manager or alternate shall have full authority to act for the contractor in all contractual matters relating to daily operation of this contract. All changes must be provided in writing to the Contracting Officer no later than forty-eight (48) hours prior to the implementation of such changes.
c. PERSONNEL POLICY: The Contractor shall assume full responsibility for protection of the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:
Workers compensation
General liability insurance in a minimum amount of $500,000.00.
Income tax withholding, and
Social security payments
14.PROTECTION OF GOVERNMENT PROPERTY: During work execution, the Contractor shall take special care to protect Government property including interior and exterior buildings, furniture, walls, baseboards, and other surfaces. Damage resulting from Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement (if necessary), at no additional cost to the Government. Contractor shall be responsible to meet all OSHA/Safety requirements in the performance of the work. This shall include but not be limited to taking all the necessary precautions to protect the patients, visitors and/or staff at each location.
Contractor shall be held responsible for any injuries and/or damage, which may be caused as a result of the Contractors failure to adhere to these requirements.
15.PRE-AWARD SURVEY: Prior to the beginning of the performance of this contract, the VA may conduct a pre-award survey to assess the Contractor on the following conditions:
a. Overall safety and sanitation of processing facility
b. Evidence of applicable licenses
c. Manifest tracking techniques and storage
d. Ability to provide continuous, uninterrupted service
Failure of adequate performance of any of the above pre-award aspects may be taken into consideration during the Technical Evaluation process in determining the offeror’s ability to successfully perform the services.
16.PERMITS AND RESPONSIBILITIES: The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. This includes acquiring any installation listed in this contract. He shall be similarly responsible for all damages to persons or property. He shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. He shall also be responsible for all materials delivered and work per-formed until completion and acceptance of the entire work.
17.QUALITY ASSURANCE PLAN: The contractor shall have a Quality Control Program to ensure the requirements of this contract are provided as specified. The Contractor shall be liable for all expenses incurred by the Government due to the Contractor’s inability to perform in accordance with these requirements. The contractor will be expected to meet all the needs of the contract and required to provide a Quality plan describing how they will meet the needs of this contract. The program shall include, but will not be limited to, the following:
a. An inspection system covering the services listed in the Statement of Work. It must specify areas of work to be inspected on a scheduled basis.
b. A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.
c. A record of all inspections conducted by the contractor and any corrective action taken. The documented Quality Control Program and records of inspections shall be made available to the Government upon request.
18.COMMUNICATION: The contractor shall explain the communication plan for employees and subcontractors. Highly functional and efficient data and voice communications are critical for successfully performing the contract requirements.
The Contractor must be capable of sending and receiving e-mails and faxes, communicate with the Project Manager, communicate with service vehicles regularly to determine locations and relay service-related messages, and send/receive electronic data files. Communication shall be critical in ensuring no interruption of services. Communication shall include how waste will be collected, manifested, and treated. It is important that the biomedical waste be collected every 28 days, and the “incinerate only” waste is properly handled. The communication shall be very important to ensure compliance.
19.PROJECT MANAGEMENT: Contractor shall provide a highly qualified project manager with strong support from corporate management as this shall be essential to successfully performing these requirements day to day over an extended period of time. This plan shall identify the organizational structure proposed to direct these operations. The management team members shall be identified along with a description of qualifications and relative experience. The methods and procedures used to carry out this plan shall be specified, including the problem resolution procedures to be used in the event of service related or personnel problems. The Contractor shall identify the types of employee incentives used to encourage quality performance by Contractor staff. The plan shall specify the manager that shall be designated to meet with the Contracting Officer, at the Government’s convenience, for scheduled and impromptu meetings to discuss contractual issues. Resumes shall be provided for all members of the project management team and other key personnel requiring special skills. Contractors should not view this as simply a trash disposal service. This requirement is broad and diverse and requires an integrated, involved management approach to deliver these services successfully.
20.CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND INFORMATION:
Contractor shall, at no additional cost to the Government, provide and maintain licenses, permits, vehicles, operators, equipment, and materials to properly handle, package, label, transport, and dispose of medical sharps waste generated at VAMC- SLVHCS. Contractor is responsible for maintaining liability insurance for the duration of the contract.
21.HEALTH & SAFETY: The Health and Safety plan shall demonstrate a good working knowledge of the US DOT, US Occupational Health and Safety (OSHA), State of Louisiana Department of Health and other applicable regulations that govern the health and safety risks involved in the handling and shipping of regulated medical waste. All tasks with potential health and safety risks shall be identified along with the proposed control measures to ensure minimal exposure to minimize risk. The
Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property.
22.REPORTS: The Contractor must demonstrate the reports that shall be provided to measure the reductions that are achieved in the volumes of waste. The Contractor shall provide this/these report(s) monthly. The report(s) must demonstrate the objectives that are being met, and action plans for the objectives that have not been achieved. The Contractor must explain how this shall be measured to ensure tracking that is consistent and accurate. The contractor shall be required to provide a waste audit report at least once per year. This report shall identify opportunities for reduction, health & safety risks, equipment reviews, and training requirements to achieve opportunities identified in the audit.
23.CAPABILITIES AND RELEVANT CORPORATE EXPERIENCE: The contractor shall describe the abilities of the contractor and any subcontractors to perform this work plus relevant experience. References to current or previous clients to whom similar services were or are being provided shall be included. Experience most relevant to this solicitation would be managing and providing a comprehensive waste and services program, including the required training and compliance services, similar to this requirement. Experience providing a comprehensive waste management program for an industrial generator or a residential area is less relevant; the services should be specific to a Hospital due to the unique needs and training requirements that face these facilities.
Capabilities shall be described in terms of equipment, management experience, qualified personnel, knowledge of the business and an organizational structure that is flexible and responsive enough to direct and support the services required herein.
Strong capabilities would consist of demonstrating the available corporate financial resources, equipment, experienced management team and demonstrated experience of successfully managing a contract with complexities of service.
24.ADMINISTRATION:
a. Facility Orientation: An initial orientation of the facilities will be conducted by the
COR at the start of the contract. The contractor shall be responsible for conducting orientation for new employees thereafter.
b. Accident Reporting: In the event an accident occurs on the Department of Veterans Affairs property or involving Government personnel or property, the contractor shall contact the VA Police immediately. A report shall be provided to the Contracting Officer and COR in writing that shall include the following: (1) the time and date of occurrence; (2) the place of occurrence; (3) a list of personnel directly involved; and (4) a narrative or description of the accident to include chronological order of the accident and circumstances; (5) corrective action to prevent future occurrences.
c. Locations: The government reserves the right to modify the contract as needed to add or delete VA Locations.
d. Contractor is to provide a documented back up plan in the event circumstances disrupt s his ability to provide pick up services. Services will be provided within 24 hours of a failure to meet scheduled pick-up times.
e. Normal operating hours of the facilities vary from location to location. COR shall provide this information to the successful Contractor during the pre-work orientation. FEDERAL HOLIDAYS OBSERVED BY THE VAMC ARE:
New Years' Day Labor Day
Martin Luther King Day Columbus Day
Presidents' Day Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
f. Invoice: Payment will be made upon receipt of a properly prepared, itemized invoice, validated by the COR, and submitted through the Tungsten System.
i) A properly prepared invoice will contain:
o Invoice Number and Date o Contractor’s Name and Address o Accurate Purchase Order Number o Itemization of pounds recycled and disposed o Price per pound o Dates service performed o Location of service performed o Total amount due
ii) A separate invoice will be prepared for each facility.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMB
ER
DESCRIPTION OF
SUPPLIES/SERVICES
QUANTIT
Y UNIT UNIT PRICE AMOUNT
0001 52.00 WK _____________
39YD Compactor Hauls Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0002 12.00 MO _____________
39 YD Compactor Rental Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0003 52.00 WK _____________
40YD Compactor Hauls Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0004 12.00 MO _____________
Monthly Compactor Cleaning Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0005 52.00 WK _____________
30yd Open Top Rental (2400 Canal Street) Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0006 52.00 WK _____________
30 YD Open Top Hauls (2400 Canal Street) Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0007 12.00 MO _____________
30yd Open Top Rental (2400 Canal Street) Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0008 12.00 MO _____________
30 YD Open Top Hauls (2400 Canal Street) Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0009 600.00 TN _____________
Solid Waste Disposal Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0010 12.00 JB _____________
Solid Waste Disposal CBOC Contract Period: Base POP Begin: 05-20-2021 POP End: 05-19-2022
0011 12.00 JB _____________
Recycling Main Hospital
0012 12.00 JB _____________
Recycling CBOC
1001 52.00 WK _____________ _____________
39YD Compactor Hauls
Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1002 12.00 MO _____________
39 YD Compactor Rental Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1003 52.00 WK _____________
40YD Compactor Hauls Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1004 12.00 MO _____________
Monthly Compactor Cleaning Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1005 52.00 WK _____________
30yd Open Top Rental (2400 Canal Street) Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1006 52.00 WK _____________
30 YD Open Top Hauls (2400 Canal Street) Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1007 12.00 MO _____________ _____________
30yd Open Top Rental (Warehouse) Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1008 12.00 MO _____________
30 YD Open Top Hauls (Warehouse) Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1009 600.00 TN _____________
Solid Waste Disposal Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1010 12.00 JB _____________
Solid Waste Disposal CBOC Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1011 12.00 JB _____________
Recycling Main Hospital Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
1012 12.00 JB _____________
Recycling CBOC Contract Period: Option 1 POP Begin: 05-20-2022 POP End: 05-19-2023
2001 52.00 WK _____________
39YD Compactor Hauls Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2002 12.00 MO _____________
39 YD Compactor Rental Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2003 52.00 WK _____________
40YD Compactor Hauls Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2004 12.00 MO _____________
Monthly Compactor Cleaning Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2005 52.00 WK _____________
30yd Open Top Rental (2400 Canal Street) Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2006 52.00 WK _____________
30 YD Open Top Hauls (2400 Canal Street) Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2007 12.00 MO _____________
30yd Open Top Rental (Warehouse) Contract Period: Option 2
POP Begin: 05-20-2023 POP End: 05-19-2024
2008 12.00 MO _____________
30 YD Open Top Hauls (Warehouse) Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2009 600.00 TN _____________
Solid Waste Disposal Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2010 12.00 JB _____________
Solid Waste Disposal CBOC Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2011 12.00 JB _____________
Recycling Main Hospital Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
2012 12.00 JB _____________
Recycling CBOC Contract Period: Option 2 POP Begin: 05-20-2023 POP End: 05-19-2024
3001 52.00 WK _____________
39YD Compactor Hauls Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3002 12.00 MO _____________
39 YD Compactor Rental Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3003 52.00 WK _____________
40YD Compactor Hauls Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3004 12.00 MO _____________
Monthly Compactor Cleaning Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3005 52.00 WK _____________
30yd Open Top Rental (2400 Canal Street) Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3006 52.00 WK _____________
30 YD Open Top Hauls (2400 Canal Street) Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3007 12.00 MO _____________
30yd Open Top Rental (Warehouse) Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3008 12.00 MO _____________
30 YD Open Top Hauls (Warehouse) Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3009 600.00 TN _____________
Solid Waste Disposal Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3010 12.00 JB _____________
Solid Waste Disposal CBOC Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3011 12.00 JB _____________
Recycling Main Hospital Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
3012 12.00 JB _____________
Recycling CBOC Contract Period: Option 3 POP Begin: 05-20-2024 POP End: 05-19-2025
4001 52.00 WK _____________
39YD Compactor Hauls Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4002 12.00 MO _____________ _____________
39 YD Compactor Rental Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4003 52.00 WK _____________
40YD Compactor Hauls Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4004 12.00 MO _____________
Monthly Compactor Cleaning Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4005 52.00 WK _____________
30yd Open Top Rental (2400 Canal Street) Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4006 52.00 WK _____________
30 YD Open Top Hauls (2400 Canal Street) Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4007 12.00 MO _____________
30yd Open Top Rental (Warehouse) Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4008 12.00 MO _____________
30 YD Open Top Hauls (Warehouse) Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4009 600.00 TN _____________
Solid Waste Disposal Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4010 12.00 JB _____________
Solid Waste Disposal CBOC Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4011 12.00 JB _____________
Recycling Main Hospital Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
4012 12.00 JB _____________
Recycling CBOC Contract Period: Option 4 POP Begin: 05-20-2025 POP End: 05-19-2026
5001 52.00 WK _____________
39YD Compactor Hauls Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5002 12.00 MO _____________
39 YD Compactor Rental Contract Period: Option 5
POP Begin: 05-20-2026 POP End: 11-19-2026
5003 52.00 WK _____________
40YD Compactor Hauls Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5004 12.00 MO _____________
Monthly Compactor Cleaning Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5005 52.00 WK _____________
30yd Open Top Rental (2400 Canal Street) Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5006 52.00 WK _____________
30 YD Open Top Hauls (2400 Canal Street) Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5007 12.00 MO _____________
30yd Open Top Rental (Warehouse) Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5008 12.00 MO _____________
30 YD Open Top Hauls (Warehouse) Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5009 600.00 TN _____________
Solid Waste Disposal Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5010 12.00 JB _____________
Solid Waste Disposal CBOC Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5011 12.00 JB _____________
Recycling Main Hospital Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
5012 12.00 JB _____________
Recycling CBOC Contract Period: Option 5 POP Begin: 05-20-2026 POP End: 11-19-2026
GRAND TOTAL _____________
B.3 DELIVERY SCHEDULE
ITEM NUMBER
QUANTIT
Y
DELIVERY
DATE
0001 52.00
0002 12.00
0003 52.00
0004 12.00
0005 52.00
0006 52.00
0007 12.00
0008 12.00
0009 600.00
0010 12.00
0011 12.00
0012 12.00
1001 52.00
1002 12.00
1003 52.00
1004 12.00
1005 52.00
1006 52.00
1007 12.00
1008 12.00
1009 600.00
1010 12.00
1011 12.00
1012 12.00
2001 52.00
2002 12.00
2003 52.00
2004 12.00
2005 52.00
2006 52.00
2007 12.00
2008 12.00
2009 600.00
2010 12.00
2011 12.00
2012 12.00
3001 52.00
3002 12.00
3003 52.00
3004 12.00
3005 52.00
3006 52.00
3007 12.00
3008 12.00
3009 600.00
3010 12.00
3011 12.00
3012 12.00
4001 52.00
4002 12.00
4003 52.00
4004 12.00
4005 52.00
4006 52.00
4007 12.00
4008 12.00
4009 600.00
4010 12.00
4011 12.00
4012 12.00
5001 52.00
5002 12.00
5003 52.00
5004 12.00
5005 52.00
5006 52.00
5007 12.00
5008 12.00
5009 600.00
5010 12.00
5011 12.00
5012 12.00
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…
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