36C25624Q1464-.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25624Q1464

6. SOLICITATION ISSUE DATE

9-18-2024

LaTonya Mack 601-362-4471 ext 6365 09-23-2024 11am CDT

00586 Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC

1500 E. Woodrow Wilson Dr.

Jackson MS 39216

X 100

X

N/A

X

00586

Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC A&MM Service (90C) 1500 E. Woodrow Wilson Drive Jackson MS 39216-5199

10N16

Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC A&MM Service (90C) 715 South Pear Orchard Road Ridgeland MS 39157

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

1-877-489-6135

See CONTINUATION Page

Regulated Medical and Pharmaceutical Waste Removal tthe G.V. Sonny Montgomery VA Medical Center

See Addendum to Instructions to Offerors (page 48 ) for quotation submission instructions.

See Wage Determination for Mississippi attachment

See CONTINUATION Page

X X

562111

$47.0 Million

36C25624Q1464

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...26

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.7 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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: POC Name: __________________

Address: ____________________ Phone: ____________________ Email: _______________________ SAMeui Number: ______________ Tax ID Number: ___________

b. GOVERNMENT: Contracting Officer Department of Veterans Affairs Network Contracting Office 16 715 S. Pear Orchard Rd Plaza 1 4th Floor Ridgeland MS 39157

Joe Yawn Everett, POC Department of Veterans Affair G.V. Sonny Montgomery VAMC 1500 E Woodrow Wilson Blvd Phone: 601-362-4471 ext.53936 Email: Joe.Yawn@va.gov

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] ARO and monthly arrears when applicable

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.

Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp

NOTE: The contractor must submit a signed “Final Invoice Memo” (template located in Section D) along with the final invoice for final payment or within seven (7) calendar days after the period of performance or http://www.fsc.va.gov/einvoice.asp contract expiration whichever is applicable at that time. The FAR does not mandate a specific format or submission time frame for a final invoice memo. However, the CO can request such a memo within a reasonable time frame for efficient invoice processing. The Contractor must send one signed copy to the Contracting Officer or the Contracting Officer’s Representative or the assigned Ordering Officer. Failing to submit a final invoice memo within a requested time frame might not directly result in a negative entry.

However, delayed invoice submissions can negatively impact prompt payment discounts and influence future business relations with the government. For example, failure to submit a signed “Final Invoice Memo” could result in a negative CPARS entry as a lack of business-like concern for the interest of the customer. Notwithstanding the claim period Stated in FAR 52.233-1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the contractor agrees to submit any claim related to this contract within 12 months after accrual.

5. SECURE FAX: Please review VA Handbook 6500 that requires the following statement on all fax cover sheets be included:

This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

6. Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at https://www.va.gov/oig/hotline/ and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

7. LIMITATIONS ON SUBCONTRACTING--MONITORING AND COMPLIANCE (JUNE

2011):

The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause.

To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records, or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained while assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect.

proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

8. The Contracting Officer will issue a post award orientation letter (in lieu of a conference) for contract orientation purposes in accordance with FAR 42.504.

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

AMENDMENT NO DATE

(End of B.1 Contract Administration Information) https://www.va.gov/oig/hotline/ https://www.acquisition.gov/far/part-42#FAR_42_504

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 180,000.00 LB __________________ __________________

Base Year - Regulated Medical Waste 180,000 lbs.

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

0002 10,000.00 LB __________________ __________________

Trace Chemo 10,000 lbs Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

0003 28.00 EA __________________ __________________

CSRX Controlled Substance Waste Disp Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

1001 180,000.00 LB __________________ __________________

Option Year -1- Medical Waste 180,000 lb Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

1002 10,000.00 LB __________________ __________________

Trace Chemo 10,000 Ibs Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

1003 28.00 EA __________________ __________________

CSRX Controlled Substance Waste Disp Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

2001 180,000.00 LB __________________ __________________

Option Year -2- Medical Waste 180,000 lb Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection LOCAL STOCK NUMBER: Option Year 2

2002 10,000.00 LB __________________ __________________

Trace Chemo 10,000 lbs Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

2003 28.00 EA __________________ __________________

CSRX Controlled Substance Waste Disp Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

3001 180,000.00 LB __________________ __________________

Option Year -3- Regulated Medical Waste 180,000 lb Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection LOCAL STOCK NUMBER: Option Year 3

3002 10,000.00 LB __________________ __________________

Trace Chemo 10,000 lb Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

3003 28.00 EA __________________ __________________

CSRX Controlled Substance Waste Disposal Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

4001 180,000.00 LB __________________ __________________

Option Year -4- Regulated Medical Waste 180,000 LB Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection LOCAL STOCK NUMBER: Option Year 4

4002 10,000.00 LB __________________ __________________

Trace Chemo 10,000 lb Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

4003 28.00 EA __________________ __________________

CSRX Controlled Substance Waste Disposal Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

GRAND TOTAL __________________

36C25624Q1464-Regulated Medical Waste Removal

B.3 STATEMENT OF WORK

STATEMENT OF WORK

Medical and Pharmaceutical Waste Removal G.V. (Sonny) Montgomery VA Medical Center

Jackson, Mississippi 39216

1. GENERAL REQUIREMENTS:

The Contractor shall furnish all labor, equipment, sanitized, disinfected, and labeled containers, supplies, materials, transportation, and supervision required to provide pick up, transporting, and disposal/incineration and/or other acceptable disposal of medical, infectious, pharmaceutical (pharmaceutical waste that is also regulated hazardous waste or US DEA Controlled Substances is excluded from this solicitation/contract), veterinary, chemotherapy, biological/pathological and other contaminated wastes as defined below as well as “sharps” containers from the G.V. (Sonny) Montgomery VA Medical Center, 1500 East Woodrow Wilson Drive, Jackson, Mississippi, 39216, in accordance with all local, state, and/or federal requirements and the terms and conditions stated herein.

After the award of this contract the primary point of contact for all communication between the Contractor and the Government will be the Contracting Officer’s Representative (COR). He or she will furnish technical guidance and advice under this contract. He or she will be appointed by the Contracting Officer. The foregoing is not to be constructed as authorization to interpret our furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Those matters are the responsibility of the Contracting Officer and will not delegated.

The Contractor shall pick up, transport, and treat and/or dispose of biomedical waste in accordance with all applicable State and Federal (Environmental Protection Agency, EPA, US Department of Transportation) laws and regulations and VA infectious medical waste requirements as stated in the contract documents. The Contractor shall possess all necessary permits and licenses, and other permissions mandated by current US EPA and State laws and regulations, must have a current registration to transport hazardous materials with the US Department of Transportation (US DOT) along with any other special transportation approvals required by federal and/or state laws and regulations, and insurance prior to transport and/or disposal of subject waste. Vendor must provide evidence of all such required permits, licenses, registrations, and permissions for the vendor and all transfer, storage, treatment, and disposal facilities utilized (landfills, incinerators, etc.) as appropriate, PRIOR TO CONTRACT AWARD.

The CsRx system

The contractor will provide 32, one (1) gallon containers per month. System includes pre-paid ship-back box All waste will be incinerated. Automatic container disposal reports emailed to your facility for convenient tracking

Estimated pounds per year at the G.V. (Sonny) Montgomery VA Medical Center.

Medical Waste: 180,000 pounds

Incineration of Chemo and Pathological Waste: 10,000 pounds

The CsRx system 28 containers

2. DEFINITIONS:

MEDICAL WASTE: Contaminated dressings, tissues, gloves, masks, hair covers, and other materials from isolation rooms packed and tied in “RED BAGS” (Red plastic leakproof bags meeting current OSHA standards). Also included are waste items that a re non-infectious but that could cause alarm if found in the ambient environment (i.e. uncontaminated hypodermic needles that not usable) or contain sensitive information (protected patient personal health information or other confidential information) and cannot be disposed of through existing paper and media shredding contracts (i.e. urine collection bottle with patient information). Such items will be contained in red bags or sharps containers. The pick-up, transportation, and disposal of all other non-infectious waste are handled separately and are NOT a part of this contract.

PATHOLOGICAL WASTE: Human anatomical parts, waste tissue, and related materials packed in tied and leak-proof “RED BAGS.” Such wastes are collected separately by the medical center and MUST BE INCINERATED regardless of treatment options permitted by the US EPA and/or local regulations. Pathological wastes which must be handled as regulated hazardous waste or radioactive waste per US EPA or Nuclear Regulatory Commission requirements as defined below are excluded from this Contract. Also excluded are remains which must be interned or cremated (i.e. complete human remains).

VETERINARY WASTE AND ANIMAL BODIES: Animal parts, carcasses, waste tissue, animal bedding, and other veterinary waste packed in tied and leak-proof “RED BAGS.” Such wastes are collected separately by the medical center and must be incinerated regardless of treatment options permitted by EPA and/or local regulations. Wastes which must be handled as regulated hazardous waste or radioactive waste per US EPA or Nuclear Regulatory Commission requirements as defined below are excluded from this contract. It is the medical center policy that any potentially radioactive wastes must be cleared by the medical center’s Radiation Safety

Officer in accordance with the US Nuclear Regulatory Commission requirements prior to their disposal as non-radioactive wastes.

CANCER CHEMOTHERAPY WASTE: Discarded items which have been contaminated by antineoplastic agents provided that such items which current US EPA regulations mandated be handled in a permitted hazardous waste treatment, storage, or disposal facility (TSDF) are excluded and are NOT handled by this contract. Contractor must advise PRIOR to contract award of other wastes which must be excluded or collected separately by the medical center.

Cancer chemotherapy waste is collected separately by the medical center and MUST BE INCINERATED even if other treatment options are permitted by the US EPA and/or local regulations.

INFECTIOUS WASTES:

• Laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health due to their volume and virulence.

• Pathologic specimens, including human or animal tissues, which contain etiologic agents and attendant disposal fomites. SUCH WASTES MUST BE INCINERATED.

• Surgical specimens, including human or animal parts and tissues removed surgically or at autopsy which contains etiologic agents and attendant disposable fomites. SUCH

WASTES ARE COLLECTED SEPARATLY AND MUST BE INCINERATED.

• Equipment, instruments, utensils, and other disposable materials which are likely to transmit etiologic agents from the room of humans, or the enclosures of animals which have been isolated because of suspected or diagnosed communicable disease.

• Human dialysis waste materials including arterial lines and dialysate membranes.

• Carcasses of animals infected with etiologic agents which may present a substance hazard to public health if improperly managed. These are collected separately by the medical center and must be incinerated even if other treatment options are permitted by the EPA and/or local regulations.

• Any other material which, in the determination of the facility infection control staff, presents a significant danger of infection because it is contaminated with or may reasonably be expected to be contaminated with etiologic agents.

• Large volume infectious liquid wastes are excluded from this contract unless contained in a closed sharp container. Small amounts of free liquid may be presented in red bags.

ETIOLOGIC AGENTS: A type of microorganism, helminthic, or virus causing or significantly contributing to the case of increased morbidity or the mortality of human beings.

TREATED INFECTIOUS WASTES: Infectious wastes that have been incinerated, steam sterilized or otherwise treated so as to be non-infectious must be disposed of as proscribed by all current Federal, State, and Local requirements. Contractor shall have all necessary permissions, licenses, etc. to dispose of the treated waste, i.e. EPA ID Number for incinerator ash which has to be disposed of as regulated hazardous waste.

REGULATED HAZARDOUS WASTE: “Regulated Hazardous Waste” means any waste material or mixture of wastes which current EPA regulations codified at 40 CFR 260 thru 279 mandate be managed in Hazardous Waste Treatment, Storage, or Disposal Facilities as defined in these regulations.

RADIOACTIVE WASTE: Radioactive waste means those wastes which the US Nuclear Regulatory Commission mandates be managed in a facility specifically licensed by the Commission to handle such waste and which the Commission prohibits from handling in sewers or other non-radioactive waste facilities.

CsRx Controlled Substance: CsRx Service is for controlled substances that have been dispensed to a patient at the registrant's location and need to be wasted at that location.

CsRx is for controlled substance wastage only. It is not for the disposal of controlled substances brought in by patients or items that would be considered part of a facility’s inventory.

3. DISPOSAL AND SANITATION REQUIREMENTS: Contractor shall employ the proper methods of treating and destruction of wastes such as incineration and recycling of any other acceptable methods in accordance with EPA and industry standards except where particular methods are mandated by these requirements. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance and in accordance with all applicable Federal, State, and Local laws and regulations. Pick-up shall be reasonably clean and orderly and performed in a sanitary and professional manner. Particular attention shall be paid to the prompt clean-up of oil and/or grease spills, either generated from vehicles used to all containers or because of a container leakage. Contractor is responsible for immediate clean-up of all spills cause by his or her operations.

CONTAINERS: VA personnel are responsible for placing waste in appropriate collection containers meeting current OSHA requirements and moving such containers to the centralized waste collection facility (Medical Center Waste Plant). Contractor must provide adequate numbers of US DOT approved 96 GALLON WHEELED CARTS (as defined, described, and permitted by US DOT in regulations at 49 CFR 17.197) and other US DOT approved shipping containers (for items prohibited in wheeled carts) into which red bag and sharp containers must be placed for over the road transportation. A minimum of 75 cleaned and sanitized wheeled carts will be provided at each pick-up. Other containers will be provided as requested. VA personnel will package waste for transportation utilizing contractor provided shipping containers.

The following types of containers are currently used by the medical center to collect medical waste and any shipping containers provided must accommodate these particular containers.

• Red colored biohazard waste bags – 55-gallon, 30 gallons, and 13-gallon sizes. All red bags used are plastic and meet ASTM and OSHA standards for thickness and marking. Red bags are used for both general medical waste and pathological waste.

• Red colored plastic sharps containers – used for antineoplastic

(chemotherapy) waste – 9-gallon size – plastic, rated for single use only, and meet current OSHA and FDA requirements.

• Yellow colored plastic sharps containers – used for antineoplastic

(chemotherapy) waste – 9-gallon size – plastic, rated for single use only, and meet current OSHA and FDA requirements.

The Contractor must also provide a semi-trailer for packaged waster to be placed in between pick-ups. It must meet current US DOT and State requirements for over the road transportation. The semi-trailer cargo compartment must be capable of being locked or otherwise secured between waste pick-ups.

The Contractor shall provide any mandated US DOT labels for application on the shipping containers. Contractor is responsible for any placarding mandated by US DOT or other regulations.

• Containers used by the VA for collection of sharp waste are rated for single use only and cannot be reprocessed or reused by the Contractor or others.

• NOTE: Pathological waste is collected separately by the medical center BUT is accumulated in the same type red bags as used for general medical waste.

CONTRACTOR MUST PROVIDE SPECIAL LABELS OR DESIGNATED

SHIPPING CONTAINERS SPECIFICALLY FOR PATHOLOGICAL WASTE AT

NO ADDITIONAL COST. Any special shipping containers provided for the pathological waste need to be the 96 wheeled carts unless specifically prohibited by state and/or federal regulations.

4. DOCUMENTATION: The Contractor is responsible for the preparation of any shipping papers and/or manifests required to transport and/or dispose of the waste. A copy of the shipping paper/manifest shall be left with the medical center at initial pickup. Within sixty

(60) days of initial pick-up, the Contractor must provide a Certificate of Destruction or other evidence that the waste has been properly and appropriately disposed in accordance with applicable regulations.

• Monthly Report: The Contractor shall also provide, on a monthly basis, a report indicating the weight (in pounds or tons), picked up of each type of waste (chemotherapeutic, pathological, and general medical) during the previous month.

Amounts reported must be broken out by waste type and type of treatment and/or disposal methods and must be weight NOT volume. Any waste diverted to recycling, other reuse, or waste to energy must also be documented including the amounts BY WEIGHT, and method involved. This tracking document shall be provided to the medical center on a monthly basis along with invoices. COPIES OF WEIGHT TICKETS

OR OTHER EVIDENCE SUPPORT CLAIMED WEIGHT MUST BE PROVIDED LONG

WITH THE TRACKING DOCUMENT AND INVOICE. This report is required for the preparation of waste and recycling summaries the medial center must complete on a quarterly basis.

• Weight System: The Contractor shall provide a certifiable weighing system to enable proper billing for “tare with” waste poundage disposed, i.e., if the disposal container weighs 10 pounds and the Contractor is to dispose of 10 containers, each container shall be weighed, and container total weight is subtracted from the gross container weight to determine the total waste poundage to be recorded.

5. SAFETY TRAINING

• Contractor shall provide instruction and training to a maximum of 20 VA Employees regarding US Department of Transportation and Contractor requirements to package and label the medical waste for transportation including providing at least one on-site training session initially and every three years for the life of the contract. Certificates shall be provided for VA employees attending and completing the on-site session.

• Contractor shall comply with all applicable Federal, State, County regulations ion worker’s safety standards and related training. All contractor personnel involved in the performance of this contract shall have received any training mandated by OSHA, EPA, and State regulations in addition to any training mandated by US DOT. Contractor must provide evidence of compliance with OSHA Blood Borne Pathogens Standard for all Hazardous Materials transportation Registration.

6. INTERFERENCE TO NORMAL FUNCTION

Contractor personnel shall interrupt their work at any time to avoid interference with patient care procedures and the normal function of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts. In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the government.

7. MODIFICATION: Any modification to the contract will be in writing. The modification will be prepared by the VA Contracting Office prior to going into effect.

8. GOVERNMENT HOLIDAYS:

• New Year’s Day

• Martin Luther King’s Birthday

• President’s Day

• Memorial Day

• June Tenth

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

Any other day designated y the President as a national holiday. When one of the holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies.

9. SERVICE SCHEDULE: Contract services shall take place between 6:00 a.m. and Noon weekdays, except for emergency pick-ups as noted below. Should the day for pick-up fall on a holiday, pick-up is to take place on the next regular scheduled work day. The frequency of service shall be “ON CALL“ pick-up service by 10:00 a.m. of the next business day when notified by Noon, Monday thru Friday. For emergency pick-up service by 4:00 p.m. of the next business day when notified by 3:00 p.m. Monday thru Friday. Contractor must be able to pick up and remove all waste covered by this Contract present in the Facility Waste Plant at the time of pick-up. This will most likely require that the Contractor use a full size 18-wheel truck and semi-trailer or similar vehicle exceeding

26, 000 pounds gross vehicle or vehicle combination weight (GVW) and requiring a Commercial Driver’s License (CDL) to operate or that Contractor bring two vehicles to each pick-up. Contractor is responsible for providing a driver with the necessary qualifications (CDL) and have the proper registrations and permissions for vehicles used.

10. PERIOD OF PERFORMANCE (POP)

BASE YEAR October 1, 2024 – September 30, 2025 OPTION 1 October 1, 2025 – September 30, 2026 OPTION 2 October 1, 2026 – September 30, 2027 OPTION 3 October 1, 2027 – September 30, 2028 OPTION 4 October 1, 2028 – September 30, 2029

11. SAFETY REQUIREMENTS: The Contractor shall exercise safety precautions, as deemed necessary by the COR or his/her designee during the performance of the contract, in order to protect lives and the health of patients and employees. The COR will notify the Contractor of any noncompliance with the foregoing provisions and advise the Contractor of the corrective action to be taken. After receipt of such notice, the Contractor shall immediately initiate corrective action. If the Contractor fails or refuses to comply promptly, the COR will notify the Contracting Officer who can issues a StopWork order for all or any part of the work and hold the Contractor in default as provided elsewhere in this contract.

12. SERVICE DELIVERY SUMMARY: The Contractor service requirements are summarized into the following performance objectives, in order to ensure services are performed in a satisfactory manner at all times. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to this service.

PERFORMANCE OBJECTIVE PERFORMANCE THRESHOLD

Waste pick-up and container delivers are accomplished in accordance with the established schedule for each facility.

Incidence of 2 skipped scheduled service days in a month, for a single facility shall result in a 2% deduction for the month’s facility payment.

The Contractor shall treat and/or dispose of biomedical waste in accordance with State and Federal (U.S. EPA) guidelines.

One single incident of waste disposed of in a manner so as to violate the Statement of Work (para.3) shall result in a 5% deduction for the month’s facility payment.

13. CONTRATOR’S RESPONSIBILITIES: The Contractor will complete a general background check on all personnel assigned to this service contract and provide a copy of that report to the COR prior to starting the service or a new employee coming onto VA property. The Contractor staff assigned for pickup, removal, and transporting of regulated medical waste will need to be identifiable with the company of which they are employed. The Contractor will ensure that the employees assigned to this service contract possess basis proficiency in speaking and writing English. Any damage done to VA property will be promptly repaired by the Contractor or the next monthly invoice will be withheld pending the completion of any outstanding repair work. The Contractor shall be fully responsible for any repair and all damage to VA property which results from the activities, negligence, or carelessness of its employees. The Contractor staff shall promptly notify the COR and the Safety Officer as designated upon award. Any and all damages shall be immediately brought to the attention of the COR by the end of the work day of the occurrence(s). If hidden damage is not discovered on the day the work is performed, it shall be repaired within 72 hours of notification of the Contractor by the VA. In cases of disputes between the COR and the Contractor, the Contractor shall notify the Contracting Officer in writing as soon as possible to avoid delay in conflict resolution. If the Contracting Officer is not notified in writing within thirty (30) days of the date of the incident, the incident shall be considered to have been resolved to the satisfaction of the Contractor.

NARA Records Management Language Clause The following standard items relate to records generated in executing the contract and should be included in a typical contract:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. G.V. Sonny Montgomery VAMC (GVSMVAMC) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18

U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to

NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the

Contracting Activity. Contractor personnel shall sign VA Form 10-0708 “Employee Clearance from Indebtedness” before resigning or termination from Contractor working for GVSMVAMC and Facility Records Officer must sign form. A copy of completed signed VA Form 10-0708

(Contractor personnel and Facility Records Officer signatures) shall be place in each competency folder. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the

[contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with GVSMVAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public GVSMVAMC information that are not specifically tied to or authorized by the contract.

9. The 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 from public disclosure by an exemption to the Freedom of Information Act.

10. The GVSMVAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which

GVSMVAC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. TMS (Talent Management System) course VA 4192704: “Records Management for Everyone” [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

12. Flow-down of requirements to subcontractors:

a. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

b. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

(A)…