Solicitation - 36C25725Q0482.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. 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

36C25725Q0482 04-04-2025

Michael A Grier (210)996-8817 04-10-2025

9:00am CST

36C257

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

X 100

X

562112

$47.0

N/A

X

Department of Veterans Affairs

VA Hospital Valley Coastal Bend

2701 S 77 Sunshine Strip

Harlingen TX 78550-8942

36C257

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

This is accomplished through the

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp

This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

This requirement is being procured as a 100% set aside for

Service-Disabled Veterans-Owned Small Business (SDVOSB)).

Please see Section B for Statement of Work, Evaluation

Factors and Price / Cost Schedule.

Please submit all questions to michael.grier@va.gov by 04/ 07/2025 @12:00PM.

Please review 52.212 2 and basis for award evaluation criteria.

Please submit all documentation VIA email michael.grier@va.gov

See CONTINUATION Page

X X

Amanpreet S. Johal

Contracting Officer

36C25725Q0482

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 STATEMENT OF WORK

B.3 Basis For Award

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

E.3 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

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

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 36C257

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

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 [] Upon Receipt and Acceptance

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

Requests.

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

B.2 STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Pharmaceutical Waste Removal for Texas coastal bend pharmacy.

2. Scope of Work: The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform Pharmaceutical Waste Removal for the Valley Coastal Bend Health Care System (VCBHCS) facilities. Period of performance for this contract shall be from 11 April 2025 to 10 April 2026, with three (3) option years to extend services if deemed necessary by the Government. The incumbent will provide all reusable RCRA and non-RCRA containers, Annual site audit of each location, Formulary review for waste classification and determinations, Training of staff in comprehensive USDOT and RCRA requirements for waste classification and manifest signatory, certification(10 per option year)

1. Corpus Christi Outpatient Clinic, 5283 Old Brownsville Road, Corpus Christi, TX

2. Harlingen Outpatient Clinic, 2106 Treasure Hills Blvd., Harlingen, TX(location may change )

3. McAllen Outpatient Clinic, 901 E. Hackberry Ave., McAllen, TX

4. Laredo Outpatient Clinic, 4602 N. Bartlett Ave., Laredo, TX

5. Harlingen Health Care Clinic, 2601 Veterans Drive, Harlingen, TX

6. Corpus Christi Specialty Clinic, 205 West Enterprise, Corpus Christi, TX

7. Corpus Christi PACT Clinic, 5283 Old Brownsville Rd., Corpus Christi, TX

8. Corpus Christi West Point VA Clinic, 925 S Padre Island Dr, Corpus Christi, TX

9. Brownsville VA Clinic, 5700 N Expressway, Texas Coastal Professional Building, Ste 101, Brownsville, TX

Contractor’s pick-up will be as needed and requested by designated pharmacy supervisors or coordinated with pharmacy COR.

Each of the sites identified above have different waste streams, volumes, and operation characteristics.

The Contractor shall be responsible for ensuring their proposed service solution will effectively achieve performance requirements.

Pricing shall be for full container for cost through final disposal of Pharmaceutical waste.

System and/or equipment procedures designed by the Contractor shall ensure separation and preparation of waste streams for removal through final disposal.

The Contractor shall provide a contingency plan for the disposal of Pharmaceutical waste in the event of Catastrophic Disaster (Pandemic Influenza Plan, Fire, Flood and terrorism).

The Contractor’s methodology shall also encourage recycling to the greatest extent possible. Any reduction in the volume of waste disposed and/or an increase in items recycled are encouraged.

Container Phase-in and Phase-Out. In the event a new service provider is awarded other than the incumbent, the Contracting Officer’s Representative (COR), Contracting Officer (CO), incumbent contractor and new contractor will coordinate the phase-out and phase-in of pharmaceutical waste containers. The phase-out and phase-in period shall be accomplished within 30 calendar days of the start of the period of performance, unless otherwise authorized by the CO. Installation of all containers shall proceed in accordance with the accepted phase-out and phase-in schedule. The new contractor will submit the schedule for acceptance to the COR. The COR will ensure to provide to old contractor for any inputs, concerns, or unavailable dates. The CO will intervene as necessary to ensure a smooth transition. No area, room or location will be without a container at the end of the 30 calendar days.

The Contractor shall supply all reusable RCRA, non -RCRA, and chemotherapy containers which must be secured throughout the entire process. The amounts for which Texas valley costal bend will require are listed below.

The Contractor assumes all responsibility for the daily collection, in-house transportation, and for disposal or recycling and final destruction of medical and pharmaceutical waste.

The contractor shall ensure storage, pick up, transportation and disposals are performed in accordance with all local, state, and federal laws, regulations and codes.

Transport carts to service all VA facilities shall be provided by the contractor, all carts shall be disinfected after each use.

Collection and disposal documentation. The Contractor shall furnish all required controlled documents to the pharmacy designated staff members promptly after final disposal. After contract award, the Contractor shall conduct an annual site visit of their respective disposal/recycling sites, to verify capability and compliance.

The Contractor shall coordinate marking, packaging, and providing proof of disposition for medical waste, antineoplastic drugs, in strict accordance with all local, state, and federal laws.

The Contractor shall provide necessary documentation to ensure compliance with Joint Commission requirements related to items under this contract.

The Contractor shall provide VA COR’s with documented proof that transportation and disposal of such waste in accordance with applicable legal requirements. Proof of all legally required permits, licenses, insurance, manifests, or any other documentation so required by law, shall be provided and furnished to the VA CORs.

The Contractor shall notify the VA CORs of any change or alteration to Contractor’s permits and licenses for facilities, (including but not limited to disposal sites), or for any change in status which may affect Contractor’s performance and in performance of obligations under this contractual agreement.

The Contractor’s services, as required by this contract, shall be in accordance with all Department of Transportation (DOT), Environmental Protection Agency (EPA), Department of Health (DOH), Department of Environmental Conservation (DEC), Food and Drug Administration (FDA) and applicable Federal, State and Municipal governmental regulations and codes that are applicable, but different in scope, are to be all complied with and shall be strictly adhered to, shall include:

Transporter must provide container water-resistant labeling of regulated waste with the following information: Name of Transporter or immediate handler and State permit or identification number of the transporter.

No intermediate handlers or subcontracting of collection and/or transportation is allowed without obtaining prior approval from the VA CORs.

Contractor shall sign, date, and furnish a copy of the manifest, prior to any medical regulated waste leaving the pickup sites. The manifest will be broken down reflecting quantity of medical waste being disposed and show amount autoclaved and incinerated.

Contractor shall ensure manifest certification matches the removed material, transport waste to an authorized facility, and sign the manifest to verify that medical waste has been delivered. Contractor shall also maintain a copy of the manifest for their records, return all remaining copies of the manifest to the generator, assuring final disposal.

Contractor shall supply documentation assuring all employees are trained according to applicable Federal, State and local regulations and supply training updates to VA CORs.

Contractor shall have enough backup equipment and manpower to perform contractual obligation under adverse or emergency conditions, backup equipment and manpower shall be listed on the equipment and manpower list submitted with proposal.

Contractor shall have and submit with proposal, a listing of disposal site(s), backup disposal site(s), along with copy of permits. Contractor shall submit backup disposal site(s) permits annually thereafter.

Contractor shall provide all locations with the following reusable pharmaceutical waste bins.

RCRA/ NON-RCRA:

19 = 9-gallon RCRA containers 19 = 9-gallon NON RCRA containers 38 = 2-gallon RCRA containers 28 = 2-gallon NON RCRA containers 8 = 2-gallon yellow chemo containers

The quantities per site can be determined during the Phases in and phase out part of the contract.

Container description and service. The Contractor shall provide containers at all locations identified above.

The Contractor will provide a transition plan for coverage of all locations that use pharmaceutical waste containers and the process to expand total containers due to increased workload or establishment of new clinical space.

Contractor’s reusable pharmaceutical containers, collection, reprocessing of containers and disposal of waste must comply with all applicable Federal, State and local regulations including but not limited to the following standards:

Occupational Safety and Health Administration (OSHA), including but not limited to Blood Borne Pathogens Standard 29 CFR 1910 and 1030, and the Needle Stick Safety and Prevention Act HR 5178 as it specifically relates to reusable sharps containers.

Department of Environmental Conservation (DEC), Food and Drug Administration (FDA) including, but not limited to Title 21 of the Code of Federal Regulation (CFR) and Quality Systems Regulation (QSR) regarding reprocessing, validation reporting and annual registering for all equipment used to release medical equipment into commerce.

Federal, state and local regulations:

- The United States Environmental Protection Agency (EPA) rules and guidelines

- The National Environmental Policy Act (NEPA), 42 USC, §§4321 - 4370e (1969, as amended).

- The Resource Conservation and Recovery Act (RCRA), 42 USC, §§6901 - 6991i (1976, as amended).

- The Texas Solid Waste Disposal Act (TSWDA)-, THSC, Chapter 361.

- Clean Water Act, Federal Water Pollution Control Act (CWA), 33 USC, §§1251 -

1387 (1977, as amended).

- The Texas Administrative Procedure Act (APA)-, Texas Government Code, Chapter 2001.

EQUIPMENT MAINTENANCE: The contractor shall maintain all contract provided containers ensuring they are free of unpleasant odors, dirt, debris, and pests. All containers must remain in good, workable condition.

QUALITY CONTROL: The contractor shall develop and maintain a quality control program to ensure contracted services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective service.

QUALITY ASSURANCE: The government will periodically evaluate the contractor’s performance by appointing a COR to monitor and ensure performance of services are received. The government reserves the right to appoint a COR for each location, but if used the appointment letter provided to the contractor will clearly identify the limits of their authority. The COR will evaluate the contractor’s performance through intermittent on-site inspections of the contractor’s quality control program and validation of customer complaints. The government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints.

The Contractor shall provide a sample Quality Control plan for review and ensure control measures will be in place during the duration of this contract.

The VA reserves the right to inspect Contractor’s facility site(s), equipment, and disposal facilities at any time. All permits, including disposal permits, licenses, and insurance of the disposal site(s) shall be included in the proposal submitted. Contractor shall submit annually, updated documents as they are renewed.

PERSONNEL REQUIREMENTS: The Contractor shall designate and provide name(s) and phone numbers of contact person(s), and a backup, as representatives of the Contractor. The Contractor shall provide qualified employees who will conduct and/or supervise the removal and pickup of all regulated sharps waste from all VA locations.

CONTRACTOR SUBMITTALS:

Contractor shall have sufficient backup equipment and manpower to perform contractual obligation under adverse or emergency conditions and such backup equipment and manpower shall be listed on the equipment and manpower list submitted with proposal.

Contractor shall have and submit with proposal, a listing of disposal site(s), backup disposal site(s), along with copy of permits. Contractor shall submit backup disposal site(s) permits annually thereafter.

Contractor shall supply documentation assuring that all its employees are trained according to applicable Federal, State and local regulations and supply training updates to COR.

3. Performance Period: The Contract period of performance includes a base year and 3 option years that may be unilaterally exercised at the Government’s discretion.

5. Type of Contract: Firm-Fixed-Price

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kick off meeting or has advised the contractor that a kick off meeting is waived.

C. GENERAL REQUIREMENTS

1. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, along with associated sub-milestone dates. The contractor's subtask structure shall be reflected in the technical proposal and detailed work plan.

2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

C. SCHEDULE FOR DELIVERABLES

1. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

D. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

E. REPORTING REQUIREMENTS

1. The contractor shall provide the PM/TM with monthly [frequency determined by project’s duration] written progress reports (original plus ___ copies). These are due to the PM/TM by the second workday following the end of each calendar month, throughout the project's duration. The PM/TM is required to provide monthly progress reports to the Contracting Officer’s Technical Representative (COTR) by the fifth workday of the new calendar month.

2. The progress report shall cover all work completed during the preceding month and shall present the work to be accomplished during the subsequent month.

This report shall also identify any problems that arose, along with a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved, with an explanation.

F. CONTRACTOR EXPERIENCE REQUIREMENTS (Standard mandatory language for all task orders)

The government will determine on a SR basis what positions are considered key personnel. The contractor shall identify, by name, the key management and technical personnel who will work under this task order at the time the work is being negotiated. If a key person becomes unavailable to complete the SR, the proposed Substitutions of key personnel shall be made only as approved directed by the Contracting Officer and the COTR. The government will not dictate specific experience and education requirements of the employees initially proposed to perform the work stated herein. The contractor shall submit a resume of qualifications for the COTR and all other direct employees proposed for the project. All Contractor employees will be approved by the COTR prior to bringing on duty. If, at any time from date of award to the end of the contract, non-key personnel Contractor personnel are no longer available, HES/HIS reserves the right to review the qualifications of the proposed replacement personnel and to reject individuals who do not meet the qualifications set forth in the TLO. Team personnel proposed by the contractor should possess some of the following knowledge and/or skills:

The contractor must notify VHA in advance and we will approve or reject proposed contractor key personnel for the performance of this contract. The contractor shall submit a resume of qualifications to the COTR for key personnel and all other direct employees proposed for the project. All Contractor employees will be approved by the COTR prior to bringing on duty. If, at any time from date of award to the end of the contract, Contractor personnel are no longer available, the VHA will approve the qualifications of proposed replacement personnel and will reject individuals who do not meet qualifications set forth herein. The contractor must inform the VHA COTR, and Project Manager/Task Manager when personnel are removed from the contract for any reason. The Contractor shall remove any employee from the performance of this contract within five

(5) workdays of receiving notice from the Contracting Officer that the employee's performance is unsatisfactory. All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons.

• The contractor must inform the VHA COTR, and Project Manager/Task Manager when personnel are removed from the contract for any reason.

• If a key person becomes unavailable to complete the SR, proposed Substitutions of key personnel shall be made only if approved by the COTR and Project Manager.

• The contractor shall submit a resume of qualifications to the COTR for all direct employees proposed for the project. All Contractor employees will be approved by the COTR prior to bringing on duty.

G. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

H. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS1

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to subcontractor personnel requiring the same access.

1. Position Sensitivity – The position sensitivity has been designated as ____________________ (Insert High Risk, Moderate Risk or Low Risk.)

2. Background Investigation – The level of background investigation commensurate with the required level of access is ____________ (Insert Background Investigation, Minimum Background Investigation or National Agency Check with Written Inquiries).

3. Contractor Responsibilities

a. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, and are able to read, write, speak and understand the English language.

b. The contractor shall submit or have their employees submit the required forms (SF 86 or SF 85P, SF 85P-S, FD 258, Contractor Fingerprint Chart, VA Form 0710, Authority for Release of Information Form, and Optional Forms 306 and 612) to the VA Office of Security and Law Enforcement within 30 days of receipt.

c. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the affected employee from working under the contract.

d. Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

4. Government Responsibilities

a. The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor, or to the contractor’s employees, after receiving a list of names and addresses.

b. Upon receipt, the VA Office of Security and Law Enforcement will review completed forms for accuracy, and forward the forms to the office of Personnel Management (OPM) to conduct background investigations.

c. The VA Office of Security and Law Enforcement will notify the CO, and contractor, of adjudication results received from OMB.

d. Upon being notified about a favorable determination, the CO may issue a notice to proceed to the contractor.

Information Systems Officer, Information Protection:

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

Privacy Officer:

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

VA custody.

Records Manager:

Records Officer: There will be no federal records created, maintained, used or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.].

B.3 Basis For Award

Basis for Award

This is a competitive best value selection in which competing offerors’ past performance, technical acceptability, and price will be evaluated to determine who represents the greatest benefit to the Government at a price that can be determined fair and reasonable. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement or inability to perform or provide all services requested shall result in an offer being determine technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

One contract award will be made to a responsible Offeror(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3) for basis of award. The evaluation factors are listed in paragraph two (2) below.

Evaluation Factors

Factor 1 – Technical Capability. This factor shall be used to assess the Offeror’s ability to provide the Technical Capability and other requirements mentioned in Statement of Work under

Contractor Requirements. Please submit these documents in PDF.

Factor 2 – Past Performance. This factor will be used to assess an Offeror’s history of successful performance on prior contracts. The contractor should provide at the minimum of three (3) reference which can validate past performance within the last three (3) years. The

Government reserves the right to obtain past performance information from any available source and may contact customers other than those identified by the Offeror when evaluating past performance. Offerors without relevant past performance or for whom information is not available will have neutral past performance. Please submit these documents in PDF.

Factor 3 – Price will be evaluated as a part of the evaluation. In addition, no award will be made where the price cannot be determined fair and reasonable. Please do not include pricing information in the Technical Proposal. Please submit these documents in PDF.

Factor 4 – Products manufactured origins will factor as part of the evaluation process.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 EA _______________

9 GL RCRA Container REUSABLE one time charge Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

9 GL NON RCRA REUSABLE one time charge Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

2 GL RCRA REUSABLE one time charge Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

2 GL Non RCRA REUSABLE one time charge Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

2 GL Chemo REUSABLE one time charge Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Training of Employees DOT Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Formulary Review software Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

9 GL RCRA Disposal Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

9 GL NON RCRA DISPOSAL

Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

2 GL RCRA DISPOSAL

Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

2 GL NON RCRA DISPOSAL

Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

2 GL CHEMO DISPOSAL

Contract Period: Base POP Begin: 04-11-2025 POP End: 04-10-2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

9 GL RCRA Container REUSABLE one time charge 9 GL NON RCRA REUSABLE one time charge 2 GL RCRA REUSABLE one time charge 2 GL Non RCRA REUSABLE one time charge 2 GL Chemo REUSABLE one time charge Training of Employees DOT Formulary Review software 9 GL RCRA Disposal

9 GL NON RCRA DISPOSAL

2 GL RCRA DISPOSAL

2 GL NON RCRA DISPOSAL

2 GL CHEMO DISPOSAL

Contract Period: Option 1 POP Begin: 04-11-2026 POP End: 04-10-2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

9 GL RCRA Container REUSABLE one time charge 9 GL NON RCRA REUSABLE one time charge 2 GL RCRA REUSABLE one time charge 2 GL Non RCRA REUSABLE one time charge 2 GL Chemo REUSABLE one time charge Training of Employees DOT Formulary Review software 9 GL RCRA Disposal

9 GL NON RCRA DISPOSAL

2 GL RCRA DISPOSAL

2 GL NON RCRA DISPOSAL

2 GL CHEMO DISPOSAL

Contract Period: Option 2 POP Begin: 04-11-2027 POP End: 04-10-2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

9 GL RCRA Container REUSABLE one time charge 9 GL NON RCRA REUSABLE one time charge

2 GL RCRA REUSABLE one time charge 2 GL Non RCRA REUSABLE one time charge 2 GL Chemo REUSABLE one time charge Training of Employees DOT Formulary Review software 9 GL RCRA Disposal

9 GL NON RCRA DISPOSAL

2 GL RCRA DISPOSAL

2 GL NON RCRA DISPOSAL

2 GL CHEMO DISPOSAL

Contract Period: Option 3 POP Begin: 04-11-2028 POP End: 04-10-2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: DEPARTMENT OF

VETERANS AFFAIRS

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive Harlingen,, TX 78550 8942

USA

1.00 POP 04/11/2025

MARK FOR: Capetillo, Omar

(956) 291-9000 69388 omar.capetillo@va.gov

FOB: DESTINATION

0002 SHIP TO: DEPARTMENT OF

VETERANS AFFAIRS

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0003 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0004 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0005 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0006 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0007 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0008 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0009 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0010 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0011 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

0012 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

1001 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

1.00 POP 04/11/2026

MARK FOR: Capetillo, Omar

2001 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

1.00 POP 04/11/2027

3001 SHIP TO: DEPARTMENT OF

VA Harlingen Healthcare Center (HCC) 2601 Veterans Drive

1.00 POP 04/11/2028

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or…