36C26020Q0837.docx

36C26020Q0837

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

653-21-1-567-0004

09-03-2020 Robert Giard 360-816-2767 09-16-2020

1:00 PM

36C260

Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

X

562112 $41.5 Million

N/A

Department of Veterans Affairs VA Roseburg Healthcare System Eugene CBOC 3355 Chad Drive Eugene OR 97408 Y Department of Veterans Affairs Network Contracting Office 20

5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page The Contractor shall provide Hazardous Waste Disposal Services in Accordance with the attached Statement of Work for the VA Roseburg Healthcare System - Eugene CBOC.

Offerors shall thoroughly review the quote preparation.

The Period of Performance is as follows:

Base Year: 1 Oct 2020 - 30 Sep 2021 1st Option Period: 1 Oct 2021 - 30 Sep 2022 2nd Option Period: 1 Oct 2022 - 30 Sep 2023 3rd Option Period: 1 Oct 2023 - 30 Sep 2024 4th Option Period: 1 Oct 2024 - 30 Sep 2025

VAAR 852.219-10 VA Notice of Total SDVSOB Set-Aside applies to this solicitation.

See CONTINUATION Page

653-3610162-567-856700-2542 0100501Z4 x

Krystal Weeks Contracting Officer

Table of Contents

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 36C260

Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

1. Contract Title: Hazardous Waste Removal Services Roseburg VA Health Care System (RVAHCS)

2. Description of Services:

2.1 This is a non-personnel service and is for a Contractor to provide all labor, materials, containers, pick-up at the designated Medical Center locations quarterly, and transport, incinerate, recycle, and dispose of Hazardous Waste, Universal Waste and Pharmaceutical Waste from the Roseburg VA Health Care System (RVAHCS).

2.2 The Contractor shall ensure that all Local, State and Federal laws and codes for manifesting, handling and transportation of Hazardous and Pharmaceutical Waste are met or exceeded. Contractor vehicles shall meet or exceed all City, County, State and Federal licensing and vehicle requirements as mandated by the State of Oregon. This may include, but not limited to, complying with 40 CFR 262, 40 CFR 263, 40 CFR260.10, and 49 CFR Part 171 – 179 (http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr262_main_02.tpl). States codes may include OAR 740-110-0040 (http://arcweb.sos.state.or.us/pages/rules/oars_700/oar_740/740_015.html). If in the performance of this contract; transportation, destruction, or disposal takes place in a state other than Oregon, the Contractor shall fully comply with all applicable regulations of such state.

3. Background: The RVAHCS requires contract personnel to provide Hazardous Waste Removal Services and do not have the personnel and applicable licenses to perform these services within the Roseburg VA Health Care System

4. Place of Performance:

Eugene Health Care Center (HCC) 3355 Chad Drive Eugene, Oregon 97408

Roseburg VA Medical Center (RVAMC) 913 NW Garden Valley Blvd.

Roseburg, Oregon 97471

Brookings Community Based Outpatient Clinic (CBOC) 840 railroad Ave.

Brookings, OR. 97416

North Bend Community Based Outpatient Clinic (CBOC) 2191 Marion Street North Bend, OR 97459

5. Specific Tasks (Specifications/Requirements):

5.1 The Contractor shall provide containers and trolleys, where applicable, to dispose of approximately 400lbs (per month) of non-hazardous pharmaceutical waste. All barrels or over pack systems shall be charged on a request basis. The Contractor shall bring the facility on the date of pick up, a replacement barrel for waste picked up. All waste under this contract should also be disposed in an environmentally free manner, such as waste to energy; utilizing re-usable containers or other options that the vendor provides. The Contractor shall provide containers in a variety of sizes to accommodate the facility needs such as fifty-five (55) gallon barrels for rags and used absorbent and fifteen (15) to thirty (30) gallon barrels for used oil, spent aerosols and other materials. Should your company use different sizes and colors please specify.

5.2 All Pharmacy waste collected will consist of non-Resource Conservation and Recovery Act (RCRA)drugs (non-hazardous, non-regulated) (http://www2.epa.gov/laws-regulations/summary-resource-conservation-and-recovery-act). Estimated pounds are 4,000 annually. Pharmaceutical P-Listed and U-Listed waste (http://www.epa.gov/wastes/hazard/wastetypes/listed.htm& http://www.gpo.gov/fdsys/pkg/CFR-2012-title40-vol27/xml/CFR-2012-title40-vol27-sec261-33.xml) is usually at 2 pound per month. All other hazardous waste such as empty pesticide cans or flammable goods are estimated at 240 lbs.

1.1 There will be a list of approved items for pick, see attached. There are four special categories; Toxic, flammable, corrosive, and other acute waste. Unidentified waste streams on list that have a characteristic shall be coded under the hazard characteristic for disposal.

1.2 Unidentified waste streams will be accessed using the Toxicity Characteristic Learning Procedure (TCLP) by the Roseburg VA EMS to find the waste characteristic for shipping.

1.3 The Universal Waste consists of used lamps mainly, ballasts, oil, cooking oil, and batteries (NiCad, lithium, nickel, alkaline, lead).

1.4 The Contractor shall provide an on-line tracking service if one is available. The RVAHCS will negotiate for any fees at the contract renewal date based on satisfactory work rating for work provided throughout the contract. A quote for the service shall be provided on a separate line item spelled out what charge is for what service, i.e. access to database is, and what the label printing online is.

1.5 The contractor will provide the RVHCS with leak resistant transportation containers and container liners, if necessary, in sufficient sizes to maximize waste collection efforts by Veteran Affairs personnel. The liners size should be large enough to fit into the container and provide a lip where the employee can grab excess material and tie off the waste. The Contractor shall conduct an onsite walk through with the Contracting Officers permission to determine liner suitability and quantity. All reusable containers issued to the RVAHCS will be fully sanitized by Contractor. If the Contractor has a specific labeling requirement; then all labels will be furnished free of charge by Contractor. All Veteran Affairs Hazardous Waste Staff will be trained by the Contractor on requirements for label provided at least annually (one time).

1.6 The Contractor shall provide the RVAHCS with documentation, such as a manifest, of cradle to grave tracking of all Veteran Affairs Non-Hazardous, Hazardous, and Pharmaceutical waste removed within the thirty-five (35) day requirements per Environmental Protection Agency (EPA) regulations, and the State of Oregon. The Contractor will also provide a certificate of destruction or deactivation, date accomplished, and an annual waste disposal report. A monthly recycling certificate with amounts and type of waste recycled shall also be furnished within thirty-five (35) days. An annual report of recyclables will be provided to VARHS on the contract anniversary date.

1.7 The Contractor shall identify contingency plans to be used in the event that they are unable to dispose of the non-hazardous, hazardous and pharmaceutical waste through their primary established system. This includes situations that may have the waste pick-up delayed or dropped off at a Treatment, Storage, and Disposal (TSD) facility.

1.8 The Contractor shall provide detailed monthly statements to include:

a. Date of collection

b. Type of material collected

c. Weight of material collected

d. Price per container and total payment

1.9 Table of Estimated Waste Generation:

This is an estimate of hazardous and universal waste items.

recycling 1200 lbs.

Non-Hazardous pharmaceutical

6. SCHEDULE OF PICKUP:

6.1 Hazardous Waste pickup dates will be scheduled and agreed upon at the start of the period of performance annually with the COR and the contractor. The prescheduling will allow for planned services and coordination of collection at pickup sites.

**This will be a Firm Fixed Priced contract with Estimated Quantities. If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 25 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 125 percent or below 75 percent of the estimated quantity.

a. Pick-up Location: Various locations based on site. COR can meet the contractor before or on the first day of pick up to show possible storage locations based on the facility.

b. Pick-up Time: Every Monday between the hours of 7:30 a.m. and 1:00 p.m. unless otherwise directed by COR

c. Emergency Pick-up: Must be able to respond and pick-up within 24hrs of notification to ensure compliance with Oregon Administrative Rules OARS 333-056-0040.

d. Contractor’s Work Hours.

(1) Most of the work can be completed in normal business hours. At times pickup may be required outside of normal business hours, as directed by COR.

(2) The Contractor shall perform the services as specified herein Monday through Friday with the exception of National Holidays (see below) between the hours of 7:30 a.m. – 4:00 p.m.

(3) The contractor is not required to provide service on the following U.S. Government holidays, nor will the Contractor be paid for these holidays. However, if the scheduled service date falls on a national holiday, a mutually agreed upon alternate date that week shall be scheduled.

National holidays observed by the Federal Government:

If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also included would be any national holiday specifically declared by the President of the United States.

7. Disposal: Contract will ensure that all Hazardous Wasted collected is disposed of in accordance with Federal and State Regulations.

7.1 Contractor shall provide a receipt of waste collected to the COR or designee at the time of collection. Receipt shall document the number and size of containers collected, type of material collected, and weight of material collected. Receipt shall be signed by the contractor and VA representative at the time of collection.

7.2 Contractor shall provide COR with documentation, such as a manifest or cradle-to-grave tracking, of all hazardous waste removed within the 35-day requirements per the EPA.

7.3 The Contractor shall receive a certificate of destruction upon completion of incineration. Contractor shall provide COR with a certificate of destruction or deactivation, date accomplished, and an annual waste disposal report. ALL Hazardous Waste must be either recycled or incinerated, no landfill options. The shipper will not segregate due to a lack of staff and space for segregation, and therefore, incineration is the only disposal option. These wastes shall be incinerated at 2000 degrees F or greater, or the required state minimum temperature for incineration.

7.4 Contractor shall identify contingency plans to be used in the event that they are unable to dispose of hazardous waste through their primary established system. This includes situations that may have the waste pick-up delayed or dropped off at a Treatment, Storage, and Disposal (TSD) facility.

7.5 Contractor shall provide detailed monthly statements to include:

· Date of collection

· Type of material collected

· Weight of material collected

· Price per container

· Total payment

8. Patient Confidentiality: The Contractor shall ensure the confidentiality of all patient information being transported and will be held liable in the event of breach of confidentiality. The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579: http://www.dodig.mil/Resources/PolicyReferences/Privacy/pa1974.pdf), the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 93-282: http://www.gpo.gov/fdsys/pkg/STATUTE-88/pdf/STATUTE-88-Pg125.pdf), and the Drug Abuse Office and Treatment Act of 1972 (Public Law 93-255: http://www.gpo.gov/fdsys/pkg/STATUTE- 86/pdf/STATUTE-86-Pg65.pdf), and any other statutes regarding confidentiality of patient information.

9. Personnel: Personnel performing duties pursuant to this requirement shall be properly licensed to operate the Machinery, Equipment, and Vehicles necessary to fulfill the requirement. The employees shall wear proper attire, such as a uniform with company name and logo.

10. Unscheduled Collections: The Contracting Officers Representative (COR) may require the Contractor to make unscheduled collections or disposals, for special events or other occasions. The Contractor shall respond to these requests within twenty-four (24) hours of notification. Unscheduled services due to safety regulations, when ordered are billed to the current purchase order. The cost for this collection will be in accordance with the unit pricing limits established at the time this contract is signed.

11. Inclement Weather Schedule: The Contractor shall collect waste during periods of inclement weather. In cases of severe weather, the COR may authorize exceptions. When exceptions are granted, the Contractor shall make up all missed collections within twenty-four (24) hours after the severe weather has terminated, unless the COR authorizes additional time.

12. Packaging Requirements: The Contractor shall furnish lab packaging items required for transport and disposal, except specified by the COR; to include labels, sorbent materials, containers, according to EPA, Department of Transportation (DOT), Oregon State requirements for the proposed use.

13. Licenses and Permits

13.1 Contractor shall, without additional cost to the Government, provide and maintain all licenses and permits to handle, store, package, transport, and dispose of hazardous waste.

13.2 Drivers shall carry valid and current licenses with the proper endorsements at all times.

13.3 Vehicle(s) to be used for collection shall be properly registered with the DOT and the state of vehicle residence.

13.4 Contractor shall be responsible for obtaining all necessary licenses, permits, vehicular insurance, DOT registrations and certifications, Workman’s Compensatory Liability Insurance, and property liability insurance. Contractor shall provide a copy of all necessary license, permits, liability insurance and DOT registration and certificates to the COR annually.

14. GEMS: The RVAHCS has a Green Environmental Management System (GEMS), http://www.roseburg.va.gov/about/gems.asp. The Health Care System is committed to protecting and improving the environment. The GEMS/ Government’s goals are:

a. Taking a leadership role in environmental stewardship by providing a clean and safe environment in our community.

b. Conserving natural resources and supporting their sustainability by upgrading our environmental systems.

c. Reducing the use of hazardous products and the generation of wastes.

d. Purchasing renewable, reusable, recyclable and recycled products.

e. Working to constantly improve the immediate and long-term environmental impacts of the products, services and processes used by the RVAHCS.

The Contractor shall recycle all applicable material and use environmentally preferable products and follow the GEMS guidelines provided by the Medical Center Program Manager.

15. Handling and Loading of Vehicles:

15.1 The Medical Center environment can pose many hazards. Such hazards are chemical, biohazards, infectious waste, asbestos, etc. Therefore, the Contractor or designee shall obey all speed signs, and only go into authorized areas escorted by staff such as the pharmacy or Hazardous Waste Storage area.

15.2 This is a smoke-free facility. Smoking is not permitted in any building. Smoking shall only be permitted in the area designated by RVAHCS. Contact the COR for access to the smoking areas.

15.3 The Contractor employees shall remove all containers from the designated collection point at the RVAHCS to their vehicle. At no time shall Veteran Affairs employees load the Contractor vehicle, assist the Contractor employees in the loading of the Contractor vehicle, or provide assistance or guidance to the Contractor employees in the positioning, backing, or parking of the Contractor vehicle. Any damages caused by the Contractor shall be repaired to the original condition by the Contractor and shall meet Veteran Affairs specifications, be performed at a time agreeable to the Contracting Officer and approved as to manner of accomplishment and acceptability by the Contracting Officer. All containers, regardless of the weight of those containers, shall be handled, moved, and placed in the Contractor vehicle by the Contractor employees, in such a manner that the structural integrity of the container is maintained, waste is properly contained, and environmental contamination is prevented. From the time that waste is removed from the Veteran Affairs under the terms of this contract, any spills, damage to containers, or environmental contamination or damage caused by waste, collected under the terms of this contract, shall be cleaned, repaired, and/or corrected by the Contractor at the expense of the Contractor.

16. Hours of Operation:

16.1 The Contractor shall accomplish the waste removal tasks within the normal hours of operation. Work shall be planned so as to minimize interference with the functions of the hospital.

16.2 Normal hours of operation are Monday through Friday, 7:00 a.m. to 3:00 p.m. excluding Federal Holidays. Should the scheduled pick-up fall on a Federal Holiday the pick-up shall be made within twenty-four (24) hours.

Or any other day specifically declared by the President of the United States.

17. INVOICING:

17.1 Contractor shall utilize Financial Services Center (FSC) mandatory electronic invoice submission as required by VAAR Clause 852.232-72 Electronic Submission of Payment Requests (Nov 2012). Information regarding e-invoicing can be found: http://www.fsc.va.gov/einvoice.asp . A copy of the invoice shall also be emailed to the COR.

17.2 All invoices submitted shall contain the following information:

· Contract Number

· Current Purchase Order Number

· Contractor Name

· Invoicing Period

· Facility Location

· Services Provided

· Date of collection

· Type of material collected

· Weight of material collected

· Price per container

· Total payment

18. PERFORMANCE MONITORING:

18.1 Performance will be monitored by periodic inspections and observation of work. Work will be observed by the COR, or designee.

19. SECURITY REQUIREMENTS:

19.1 All contractor employees are subject to the same level of investigation as VA employees who have access to VA sensitive information or access to VA facilities.

19.2 The background investigation includes the following requirements: 1) Completed documentation 2) Fingerprints 3) Completion of OPM’s e-QIP Questionnaire. The Contractor is required to fulfill all of the security requirements. The Contractor, upon completion of fingerprinting, and an initial suitability determination, may be authorized tentative access to start the performance period of the contract, but only on condition of completion of all security requirements. This requirement is applicable to all subcontractor personnel requiring the same access.

19.3 The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days. Cost for obtaining a background investigation is approximately $300. The position sensitivity impact for this contract has been designated as Low Risk and the level of background investigation is NACI.

19.4 Background investigation forms will be provided upon contract award and are to be completed and returned to the Contracting Officer within 5 days for processing.

19.5 The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor by the Contracting Officer as a potential threat to the health, safety, security, general wellbeing or operational mission of the installation and its population.

20. INFECTION CONTROL COMPLIANCE:

20.1 Contractor shall provide infection control training to employees used in the performance of this contract. Contractor shall comply with the Blood borne Pathogens Standards, 29 CFR Part 1910.1030 (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10051). Contracting Officer or his/her designee may request certification of infection control training.

21. SMOKING POLICY:

21.1 Roseburg VA Health Care System is a smoke-free environment. Smoking is not permitted in any of the facilities or on the any of the federal grounds leased or owned.

22. HAZARDOUS SAFETY CONCERNS:

22.1 The medical center environment can pose many hazards. Such hazards are chemical, biohazards, infectious waste, asbestos, etc. The Contractor shall adhere to all warning signs and labels. If an accident should occur, the Contractor shall immediately notify the COR. Further information may be requested by the Contractor regarding these hazards by contacting the COR. Contractor shall maintain safety in his/her work area in accordance with OSHA, NEC, NFPA, and other national, state, and local requirements. Contractor’s employees shall be knowledgeable and trained to follow the applicable regulations regarding their work.

22.2 The Contractor shall obtain all necessary licenses and/or permits required to perform this work. Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to any contractor representative, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by the contractor’s fault or negligence.

22.3 Contractor shall be responsible for providing his/her employees with protective gear for the proper handling of medical waste.

23. HIPAA COMPLIANCE:

23.1 Contractors and any subcontractors shall adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS). As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity component of the Department of Veterans Affairs is the Veterans Health Administration.

23.2 Contractors shall follow VHA privacy policies and practices. All contractor and business associates must receive privacy training annually. For contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS Standards for Privacy of Individually Identifiable Health Information as determined by VHA. Proof of training is required.

B.3 PRICE/COST SCHEDULE

BASE YEAR: 1 OCT 2020 – 30 SEP 2021

Contract Period: Base

Base Year Total

OPTION PERIOD ONE (1): 1 OCT 2021 – 30 SEPT 2022

Contract Period: Base

Option Period One (1) Subtotal

OPTION PERIOD TWO (2): 1 OCT 2022 – 30 SEP 2023

Contract Period: Base

Option Period Two (2) Subtotal

OPTION PERIOD THREE (3): 1 OCT 2023 – 30 SEP 2024

Contract Period: Base

Option Period Three (3) Subtotal

OPTION PERIOD FOUR (4): 1 OCT 2024 – 30 SEP 2025

Contract Period: Base

Option Period Four (4) Subtotal

TOTAL CONTRACT PRICE AMOUNT OVER BASE AND ALL OPTION PERIODS: $_________

B.4 DELIVERY SCHEDULE

OY1: 30 Sep 22 OY2: 30 Sep 23 OY3: 30 Sep 24 OY4: 30 Sep 25

SECTION C - CONTRACT CLAUSES

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

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

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

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 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause) C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority.