36C25926Q0198_1.docx

36C25925P1123

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

442-25-3-526-0061 36C25925P1123

AWARDED:

EFFECTIVE:

36C25926Q0198 01-21-2026 Charles Gritzmacher 303-712-5780 02-04-2026

2:00 PM

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 562211 $25 Million N/A x Reverse Distribution Center (RDC) 5353 Yellowstone Road Suite 221 Cheyanne WY 82009 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Provide disposal of EPAs RCRA defined hazardous pharmaceutical waste. Services must include all labor, materials, tools, equipment, analysis, travel, transportation, documentation, waste treatment, disposal and support services required to categorize, package, transport, document and dispose of hazardous wastes from the RDC in accordance with the PWS and line items All questions must be submitted via email to Charles Gritzmacher at charles.gritzmacher@va.gov no latter than 2:00pm MST on 01/28/ 2026.

All quotes must be submitted via email to Charles Gritzmacher at charles.gritzmacher@va.gov no later than 2:00pm MST on 2/4/2026.

See CONTINUATION Page

LOA:

2237:

PO#:

X X Charles Gritzmacher Table of Contents

A.2 PERFORMANCE WORK STATEMENT

VISN 19 Reverse Distribution Center Hazardous Waste Disposal Performance Work Statement

1. DESCRIPTION OF SERVICES

1.1 INTRODUCTION:

a. The VISN 19 Reverse Distribution Center (RDC) located in Cheyenne, Wyoming occupies leased space. The RDC operates under the Resource Conservation and Recovery Act’s (RCRA) Subpart P for hazardous waste pharmaceuticals and provides a centralized processing center for organizing and returning potentially creditable, expired or soon-to-expire, un-used, non-dispensed, pharmaceuticals for manufacturer credit. Operations at the RDC consist of record-keeping and handling potentially creditable, expired or soon-to-expire, un-used, non-dispensed, pharmaceuticals in manufacturer original containers. Items received are sorted according to source facility and manufacturer. Items deemed as non-returnable become waste and require removal, hauling and disposal services.

1.2 SCOPE:

a. The Contractor shall provide disposal of Environmental Protection Agency’s (EPA), Resource Conservation and Recovery Act (RCRA) defined hazardous pharmaceutical waste. Services must include all labor, materials, tools, equipment, analysis, travel, transportation, documentation, waste treatment, disposal and support services required to categorize, package, transport, document and dispose of hazardous wastes from the RDC.

b. The Contractor, and Subcontractor if applicable, shall provide and maintain all licenses and permits to conduct waste removal to final disposal.

c. The Contractor shall possess the necessary technical expertise and resources required by this solicitation to be considered for contract award.

d. The Contractor shall provide disposal for spills/releases of hazardous materials/wastes. Not to include any remediation waste.

e. The Contracting Officer (CO) may designate a Contractors Officers Representative (COR) to act for him/her in furnishing technical guidance and advice to generally monitor the work to be performed under this contract. Such a designation will be in writing and will define the scope and limitation of the COR’s authority. A copy of the designation shall be furnished to the Contractor.

f. The COR will arrange for routine (non-emergency) waste pickup based upon rate of generation. However, out-of-cycle pickups may be required for episodic events.

g. Services will be provided during a 12-month base period followed by 4 one-year Government option periods.

h. Work will normally be performed between the hours of 8:00 AM and 4:00 PM local time, Monday through Friday, excluding National Holidays. The facility COR or satellite designees are available during those hours for the approval of manifests and other required documentation, unless unusual circumstances require services during an unscheduled time period.

1.3 DEFINITIONS OF SERVICES

· Reverse Distributor - means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

· Hazardous Pharmaceuticals – Pharmaceuticals under Subpart P that are characteristic or listed and are not eligible for reverse distribution, are over the counter, prescription, or supplements.

· Characteristic Hazardous Waste –

· Ignitable - Wastes that are hazardous due to the ignitability characteristic include liquids with flash points below 60 °C, non-liquids that cause fire through specific conditions, ignitable compressed gases, and oxidizers.

· Oxidizer is an example of ignitable. It is a substance such as chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter.

· Corrosive - Wastes that are hazardous due to the corrosivity characteristic include aqueous waste with a pH of less than or equal to 2, a pH greater than or equal to 12.5 or based on the liquids ability to corrode steel.

· Reactive - Wastes that are hazardous due to the reactivity characteristic may be unstable under normal conditions, may react with water, may give off toxic gases and may be capable of detonation or explosion under normal conditions or when heated.

· Aerosols can be a characteristic of reactivity if they are capable of detonation or explosive reaction when subjected to a strong initiating source or if heated under confinement.

· Toxic - Wastes that are hazardous due to the toxicity characteristic are harmful when ingested or absorbed. Toxic waste presents a concern as they may be able to leach from waste and pollute groundwater.

· Listed Hazardous waste - A waste is determined to be a hazardous waste if it is specifically listed on one of four lists (the F, K, P and U lists) found in title 40 of the Code of Federal Regulations (CFR) in Part 261 and meets either the process based or sole active ingredient requirements.

· Subpart P removes these listed characteristics for pharmaceuticals. Locations may still have unused commercial U-listed chemicals outside of pharmaceuticals; acetone, methanol, phenol, and xylenes. There will be no P-listed waste outside of Subpart P.

· The VA does not have any K-listed. There are processed based F-listed wastes that may include spent non-halogenated solvents.

· Non-hazardous Pharmaceuticals- pharmaceuticals that are not characteristic or listed as described above.

· Bulk Chemo – classified under the National Institute of Occupational Safety and Health (NIOSH) Table 1 as a hazardous drug or antineoplastic but is not a RCRA hazardous waste pharmaceuticals.

2.0 SPECIFIC REQUIREMENTS:

2.1 LICENSES AND PERMITS

The Contractor will, without additional cost to the Government, provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles and other resources required for proper removal of hazardous and non-hazardous chemical waste in accordance with all applicable Federal, State, Municipal, and local regulations (e.g. OSHA, DEA, EPA, DEP, 49 CFR (DOT). If appropriate licenses are not maintained in accordance with Federal and State requirements, the VA may terminate the contract effective upon discovery. The VA reserves the right to halt work if the Contracting Officer and or COR determine work is being done in an unsafe/unhealthy manner or that could harm the environment. VA will not incur additional costs if work is halted for good cause.

2.1.1 Current waste transporter permit(s)

2.1.2 List of all transfer stations, treatment, storage and disposal facilities (TSDFs) including incineration, wastewater and sludge treatment facilities that shall be utilized during this contract to include the capacity of these facilities and the waste codes for the waste streams they are permitted to accept by treatment technology. Address, phone number, EPA identification number and other contact information shall be provided. The VA reserves the right to inspect each of these facilities before approving its use or at any time prior to, during or after contract period.

2.1.3 Copy of Operator permit(s)

2.1.4 All technicians/chemists that will work on VA premises will be expected to have received at least the minimum training required by law as specified in state requirements and in 29 CFR 1910.120, 40 CFR Part 263 and 49 CFR 172 and site-specific training by existing personnel and or project manager prior to working at each site. Technicians/chemists must be fully trained in how to label and properly store hazardous waste for the state they are working in

2.1.5 Provide the contractor’s experience in hazardous waste packaging, transport, and disposal. Provide details of contracts of similar nature and similar size, particularly regarding hospitals and universities. Provide a copy of waste minimization audits that the contractor has successfully conducted and examples of waste minimization opportunities realized.

2.1.6 Provide a copy of US EPA identification number(s) and certificate for each business entity operated by or that will have waste shipped to, that the contractor that will use to provide service regarding any aspect of the VA waste disposal program (i.e. storage, transfer, and/or incinerator sites).

2.1.7 Provided a copy of certificate of registration with the State or EPA as a hazardous waste hauler for each business entity owned or operated by the contractor that will provide hazardous waste transportation services for any aspect of VA waste disposal program.

2.1.8 Provide a list of any violations and/or citations that the contractor has received for non-compliance with any hazardous waste laws, permit requirements, and/or OSHA requirements for the past three years from the date of submission for each site that may handle or manage VA waste. The contractor shall include information on all related business entities including associated firms that are owned by the contractor or owned by a common parent company that will be involved in any portion of the processing of VA waste disposal program. If no discharge or violations have occurred, the contractor must provide a statement that certifies no discharges or violations have occurred.

2.1.9 Provide the following information regarding the hazardous waste fleet owned and operated by the contractor:

1. Basic description of transportation services offered and capabilities.

2. Fleet description of number, types, and ages of vehicles.

3. Description of service and maintenance programs.

4. Types of materials licensed to haul.

5. Latest DOT or MCS rating (include a copy of the last inspection).

6. The DOT/CHP compliance record.

7. Description of driver qualifications including training programs, and experience.

8. Provide evidence that background checks have been conducted on all employees that will perform duties under this contract.

9. The usage of any alternative fuel vehicles and or use of alternative fuels

10. Prohibition of idling procedures.

2.1.10 Provide written Standard Operating Procedures (SOPs) for the collection, handling, accumulation, sampling, lab testing, characterization, packing and shipping of hazardous waste.

2.1.11 Provide a certificate of all appropriate insurance.

2.2 LOCATIONS AND FREQUENCIES

RDC is located at:

5353 Yellowstone Road Suite 221 Cheyenne, WY 82009

Reverse Distributors are not categorized by generator size and have specific requirements. When waste is generated, it can only be stored for 180 days.

At most there will be two picks up a year, but the government reserves the right to not have a pickup some years due to lack of waste.

2.4 WASTE MANAGEMENT, REMOVAL, DISPOSAL INVOICING:

a. The Contractor shall be responsible for the collection of hazardous waste pharmaceuticals. The wastes shall be segregated, when necessary, by hazard class, chemical compatibility, and/or land disposal restriction and labeled appropriately.

b. The Contractor shall consolidate all wastes in the manner most cost effective and beneficial to the Government. The Contractor shall have the capability to supply waste collection containers of various sizes, mounting hardware, labels, foot pedal stands and labor to install if necessary.

c. The Contractor shall properly containerize all lab-packs and assume all safety measures (example: PPE) to prevent harm or injury to VA patients, visitors, employees, Contractor employees and the environment (example: storm drain covers). The VISN GEMS Program Managers, VISN Safety Manager, VISN Pharmacy Executive and local RDC Pharmacists have the authority under this contract to present a verbal “stop work order” pertaining to job activity they reasonably believe represents an imminent hazard to life, property, or the environment. This verbal order must be followed up by a written stop work order issued by the Contracting Officer as soon as feasible after the imminently hazardous situation has been stabilized or abated.

d. Should waste be released during the performance of services under this contract, through no fault of the VA facilities, the Contractor shall be responsible for all costs associated with the satisfactory remediation of the incident. This shall include the cost of all labor and materials as well as any actual damages incurred to the facility and harm caused to patients, visitors, and staff of the medical center. The remediation efforts must be performed to the satisfaction of the appropriate regulatory authorities, the VISN GEMS Program Manager or designee and the CO.

e. The Government requires services on a recurring basis.

1. Based on the frequencies listed in Section §2.2, the Contractor shall present a schedule to the CORs within 30 days of award. If the agreed upon schedule cannot be met at any time, the Contractor shall provide the following in writing to the COR; the reason for the delay and the anticipated date when the shipment will be made. This notification must be made within 24 hours of identifying the conditions causing the delay.

2. The Contractor shall have a large enough fleet to meet the frequency needs of Section §2.2 and have access to, or own enough, TSDFs to ensure waste is removed timely.

f. There shall be no penalty or increased costs of service rates should the RDC require more or less than the estimated pickups or disposal volume outlined in the schedule of costs. In the event an out-of-cycle pick up is requested, the Contractor shall schedule shipment of material within seven (7) calendar days of receipt of a written/verbal request from the COR and make pickup within 30 calendar days after receipt of the written/verbal request. If pickup cannot be scheduled or executed on the agreed upon date, the Contractor shall provide the following in writing to the COR; the reason for the delay and the anticipated date when the pickup will be made. This notification must be made within 24 hours of identifying the conditions causing the delay.

g. The Contractor shall provide all manifests, waste profiles, land bans, certificates of destruction and recycling, and documentation that apply to the removal and disposal of hazardous waste conducted by its workforces and/or its Subcontractors in compliance with all current Federal, State, and local regulations, policies, and procedures. Upon request the Contractor shall provide an electronic copy of the manifest within forty-eight (48) hours prior to the onsite services. All documentation completed by the Contractor shall be properly executed and neatly hand- written or typed to ensure the legibility of all copies. Locations will submit an inventory prior to pickup and ask the Contractor to provide a cost estimate and how each waste stream will be packaged for transport. Certificates of disposal shall include the disposal method for each waste stream. Contractor shall use a calibrated scale to accurately record the weight of each waste container on all shipping documents.

h. Prior to the removal and transport of hazardous, universal, and non-hazardous waste generated by the VA, the Contractor shall obtain approval and signature for each manifest from the COR or designee verifying that the Contractor has accepted the waste from the VA and that the waste was properly shipped for treatment or disposal. The Generator copy, Generator State Copy and Destination State Copy of the executed manifest will be provided to the RDC staff. A signed Designated Facility copy of each manifest certifying receipt of the waste covered by the manifest must be provided to the facility within thirty (30) calendar days of initial transport. All parties shall use eManifest via RCRAid.

i. All hazardous and non-hazardous materials generated by VISN 19 facilities must be disposed of by the Contractor in accordance with current Federal, State, and local guidelines governing regulated hazardous and non-hazardous wastes.

j. The Contractor shall dispose of hazardous waste in a manner that leaves no future expense potential to the VA or the federal government. Chemicals will be disposed of in the following preferred priority:

1. Recycling of chemicals for future use.

2. Fuel blending or energy recovery.

3. Incineration at a Part B permitted incineration.

4. Treatment of the chemical waste (at a facility approved for such processing by an appropriate state or federal agency) using neutralization, stabilization or landfill in a manner that renders it no longer a hazardous waste as defined in 40 CFR Part-268/Subpart-D.

5. The long-term internment (burial) in a secure landfill site approved for such by the appropriate state or federal agency.

k. Acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal site does not constitute disposal and/or completion of the contract. The Contractor shall obtain and provide necessary documentation to prove that the timely end disposal of all items has been accomplished including certificates of recycling and final disposal certificates within 375 calendar days of the shipment date.

l. Shipments outside of this country are prohibited under this contract unless prior approval is received in writing from the COR.

m. Waste amounts identified on the pricing sheet are only estimates.

2.5 TRAINING:

a. Training shall include a review of the contractors Standard Operating Procedures (SOPs) that will be followed while conducting normal hazardous waste management activities. The Contractor shall describe:

1. Site safety and contingency procedures (e.g., spill management).

2. Operational procedures and site management structure.

3. Supplies and equipment practices.

4. Material sampling and analysis procedures.

5. Hazard assessment and categorization procedures.

6. Material collection, handling, accumulation, packing and labeling procedures.

7. Quality assurance and quality control procedures to ensure materials are properly identified, categorized, and packaged, and paperwork is properly completed.

8. Procedures for gaining waste acceptance into a transfer/disposal facility.

9. Contractor and project management procedures.

10. Written green purchasing program and provide environmentally preferable options for supplies as defined in Section §6.0(b).

11. Security program for onsite operations.

b. Training can either be virtual or face-to-face.

3.0 WASTE MINIMIZATION:

To comply with the Pollution Prevention Act §13101(b) and VA Directive 0057 VA Environmental Management Program, the VA must establish a ways to reduce or eliminate the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal. To assist, the Contractor shall routinely evaluate industry disposal options that provide less environmental impact (e.g., waste to energy, recycling). The Contractor shall evaluate the VA’s removed waste streams annually for opportunities for waste management efficiency and minimization and provide each VA Healthcare System with a written report identifying which waste streams were reviewed and any opportunities for consideration. This report shall also include any purchases of containers that meet affirmative procurement standards.

4.0 DELIVERABLES:

a. For Proposal:

1. All items stated in Section §2.1 of this PWS

2. A summary of the Contractor’s experience in hazardous waste storage, packaging, transport, and disposal. Provide details of contracts of similar nature and similar size, particularly regarding hospitals and research facilities. Provide three(3) references with current contact information for each requirement.

3. Provide three (3) examples of waste minimization audits that the Contractor has successfully conducted, and examples of waste minimization opportunities realized. The submission should include examples of waste minimization practices or programs that the Contractor has developed for other facilities. Specific examples from healthcare or research facilities are preferred.

b. Duration of Contract:

1. The Contractor shall provide all manifests, land bans, certificates of destruction and recycling, and documentation that apply to the removal and disposal of hazardous waste conducted by its workforces and/or its subcontractors in compliance with all current Federal, State, and local regulations, policies, and procedures and in accordance with the quality standards and timelines established in Section §2.4 of this PWS.

2. The Contractor shall provide a quarterly report to the COR/POC within ten (10) calendar days of the end of the fiscal quarter that identifies types and weights of wastes shipped from each facility listed in Section §2.1 and provides a breakdown of the costs of services and the specific services provided to each facility in the previous months.

3. The Contractor shall be required to attend quarterly program meetings with the COR/POC and CO to address contract performance. These meetings may take place virtually or at one of the VISN 19 facilities. Should contract deficiencies arise, meetings may be held on a more frequent basis to resolve any/all issues. The Contractor shall provide draft meeting minutes to the COR for review within seven (7) calendar days of the meeting and final minutes within seven (7) calendar days of the COR’s draft review. The minutes will accurately document meeting participants and the discussions and decisions that took place during the meeting.

5.0 RECORDKEEPING/REPORTS:

a. Contractor shall have a centralized waste tracking system that can be used via the internet and that can export all hazardous waste data to the VA via a Microsoft Excel spreadsheet, or other manner approved by the COR/POC. The centralized tracking system will include a database for all waste characterizations and waste analytics, universal bill of lading for universal wastes, methods of final (end) disposal, certificates of disposal, and invoice copies.

b. All manifests, waste analytics, waste generation data, shipping information and other data required for the proper execution of this contract shall be maintained by the contractor in an electronic database format that is exportable through Microsoft Excel or other manner approved by the COR/POC. This system should enable tracking of generator status, generate monthly, quarterly, or annual reports, and enable tracking of compliance dates.

6.0 CONTRACTOR FURNISHED MATERIALS AND EQUIPMENT:

a. The contractor is responsible for providing all transportation, equipment, materials, and labor to perform the services set forth in the Agreement.

b. The contractor shall furnish all lab pack and overpack containers, packing material for lab packs, labels, and any routine field supplies to package waste for transport at no additional cost to the government. The Contractor shall give preference for the following materials used at VA sites:

1. EPA designated items listed in EPA procurement guidelines at 40 CFR part 247

2. USDA designated items listed in procurement guidelines 7 CFR part 3201, Subpart B

3. EPA designated items on EPA’s Comprehensive Procurement Guidelines

c. Service costs shall include level D PPE and nitrile gloves.

d. The contractor shall furnish bulk waste storage containers. The contractor shall provide a list of containers meeting affirmative procurement standards and pricing with their proposal. Containers shall be replaced one for one when picked up.

7.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES:

a. The VA will not provide any equipment, fuel, personnel, or facilities to the Contractor for the execution of this contract. Should an emergency arise, only the necessary basic lifesaving and life support measures will be provided during the emergency.

b. The VA will furnish electricity and water at existing outlets for use as may be required for the work to be performed under the contract.

8.0 IDENTIFICATION, CHECK-IN, PARKING, AND SMOKING REGULATIONS:

The vendor's employees shall always wear visible identification while on VA premises. Contractor employees shall call facility the COR, or POC in §2.2, once on campus prior to commencement of any work. During off-hours emergency response activities Contractor personnel should check in with VA Police if the VA COR or designee is not available. Smoking is prohibited on any VA property. Possession of weapons or contraband is prohibited and may subject contractor employees to arrest and termination from future performance under this contract. Enclosed containers, including tool kits, must be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

9.0 INVOICES AND PAYMENT:

Payment of services rendered under this contract will be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor to the payment address shown elsewhere herein. Invoices must reference the Contract Number and Purchase Order Number, Manifest Number(s), provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals, and any other data relevant for payment purposes.

A copy of the invoice will be sent to the Facility COR. The Government must not authorize payment until such time that the VA Contracting Officer’s Representative receives all properly executed and signed documentation.

NOTE: ANY ADDITIONAL CHARGES CLAIMED MUST BE APPROVED BY THE CO IN WRITING BEFORE SERVICE IS COMPLETED!

11.0 SAFETY REQUIREMENTS:

In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer or his/her designee may determine to be reasonably necessary to protect the lives and health of VA patients, visitors, staff, and the general public. The Contracting Officer or his/her designee will notify the Contractor of any noncompliance with the foregoing provisions as well as the recommended corrective action. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served in person on the Contractor or his/her representative at the site of work, or telephonically to Contractor’s designated representative, shall be deemed sufficient for the purpose of the previously mentioned. If the Contractor fails or refuses to comply promptly to satisfactorily abate the hazardous condition or situation, the Contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in material breach of this contract.

All of the Contractor’s personnel shall uphold the same standard of conduct and performance as all other federal employees and services shall be performed in compliance with VA policies and procedures. All policies and regulations pertaining to protection of patient privacy (HIPPA) and the safeguarding of patient information must be observed. The Contractor shall protect sensitive information at all times and notify the COR if they come across any sensitive information.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Pharmaceutical pick up and destruction every 6 months IAW the SOW Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027

Pharmaceutical pick up and destruction every 6 months IAW the SOW Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028

Pharmaceutical pick up and destruction every 6 months IAW the SOW Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029

Pharmaceutical pick up and destruction every 6 months IAW the SOW Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030

Pharmaceutical pick up and destruction every 6 months IAW the SOW Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031

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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 similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) years.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability:…