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HAZARDOUS WASTE MANAGEMENT SERVICES Federal contract opportunity
Solicitation number
36C26119Q0547
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 21

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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 46

459-19-2-630-0071

36C26119Q0547 04-10-2019

Michael Anda 916-923-4543 04-17-2019

1200 HST

Department of Veterans Affairs

VA Sierra Pacific Network (VISN 21)

VA Pacific Islands Health Care System

459 Patterson Rd

Honolulu HI 96819-1522

X 100

X

562112

$38.5 Million

N/A

"See Schedule"

Department of Veterans Affairs

VA Sierra Pacific Network (VISN 21)

VA Pacific Islands Health Care System

459 Patterson Rd

Honolulu HI 96819-1522

FMS VA-9(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

This is a Request for Quote for Hazardous Waste Management

Services for the Pacific Islands Health Care System located in Honolulu, HI.

Interested Offerors must pay special attention to FAR

52.212-1 Instructions to Offerors and FAR 52.212-2

Evaluation Commercial Items. Failure to carefully read these sections and respond accordingly will likely eliminate an offeror from competition.

Check the FBO listing frequently. Questions will be responded to via Amendments, which will be posted on FBO.

All amendments must be signed and turned in with the quote for an offeror to be considered.

Do not attempt to contact the using activity. All questions must be directed in writing to the Contracting

Officer, Mike Anda at Michael.Anda@va.gov with the Solicitation Number in the reference line.

See CONTINUATION Page

X X

Michael S. Anda

Contracting Officer

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 CONTRACT ADMINISTRATION DATA

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.4 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN

2011)

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEC 2014)

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

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

C.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009)

C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (APR 2014)

E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (DEC 2014)

E.4 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(DEVIATION)(MAR 2012)

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

1998)

36C26119Q0547

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

4.00 QTR ________________

QUARTERLY HAZARDOUS WASTE MANAGEMENT

SERVICES.

Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, and Emergency

Response Activities for proper treatment, recycling, storage and disposal services described herein at Veterans Affairs Pacific Island

Health Care System (VAPIHCS).

Contract Period: Base

POP Begin: 04-22-2019

POP End: 04-21-2020

QUARTERLY HAZARDOUS WASTE MANAGEMENT

SERVICES.

Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, and Emergency

Response Activities for proper treatment, recycling, storage and disposal services described herein at Veterans Affairs Pacific Island

Health Care System (VAPIHCS).

Contract Period: Option 1

POP Begin: 04-22-2020

POP End: 04-21-2021

QUARTERLY HAZARDOUS WASTE MANAGEMENT

SERVICES.

Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, and Emergency

Response Activities for proper treatment, recycling, storage and disposal services described herein at Veterans Affairs Pacific Island

Health Care System (VAPIHCS).

Contract Period: Option 2

POP Begin: 04-22-2021

POP End: 04-21-2022

QUARTERLY HAZARDOUS WASTE MANAGEMENT

SERVICES.

Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, and Emergency

Response Activities for proper treatment, recycling, storage and disposal services described herein at Veterans Affairs Pacific Island

Health Care System (VAPIHCS).

Contract Period: Option 3

POP Begin: 04-22-2022

POP End: 04-21-2023

QUARTERLY HAZARDOUS WASTE MANAGEMENT

SERVICES.

Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, and Emergency

Response Activities for proper treatment, recycling, storage and disposal services described herein at Veterans Affairs Pacific Island

Health Care System (VAPIHCS).

Contract Period: Option 4

POP Begin: 04-22-2023

POP End: 04-21-2024

GRAND TOTAL ________________

STATEMENT OF WORK

VETERANS AFFAIRS PACIFIC ISLAND HEALTHCARE SYSTEM (VAPIHCS)

HAZARDOUS WASTE MANAGEMENT SERVICES

GENERAL INFORMATION

The Contractor shall ensure all work meets performance standards specified in this Performance Work

Statement (PWS) and referenced documents. The Contractor shall commence all operations required by the contract as of the first day of the contract period. The Contractor shall furnish all management, labor, supervision, management support, transportation, equipment and materials to provide Hazardous Waste

Management and Emergency Response Services to the Veterans Affairs Pacific Islands Health Care

System (VAPIHCS), located at 459 Patterson Road, Honolulu, Hawaii 96819-1522.

Accomplish all work under this contract in accordance with agency, state and federal regulations to include (1) the Joint Commission Manual (JC); (2) Occupational Safety and Health Agency (OSHA); (3)

Environmental Protection Agency (EPA) requirements to include The Resource Conservation and

Recovery Act (RCRA), Subtitle C; (4) the Department of Transportation (DOT) regulations (5) industry standards. The JC establishes the facility and management standards for VA facilities. The VA is committed to maintaining JC approved health care facilities. The Contractor’s efforts shall provide the service to meet the requirements for high quality patient care, sensitivity to proper scheduling to meet medical and patient needs, and proper control for handling waste materials.

Notwithstanding any historic data furnished by or for the medical facilities, it is the Contract’s responsibility to furnish the necessary quantities of manpower, supplies, and equipment to provide satisfactory service at the medical facilities. The technical descriptions highlight various types of hazardous wastes and approximate schedules required for quarterly services. This means that items/tasks identified are included but not limited to these items/tasks only. Additional wastes materials and/or services required by changes in mission assignments will be affected by written contract modification.

This contract will be awarded on the terms of a firm-fixed price contract in accordance with FAR 16.202.

Unless otherwise specified in the contract, the ceiling price or target price is subject to adjustment only by operation of contract clauses providing for equitable adjustment or other revision of the contract price under stated circumstances.

These technical provisions require work to be accomplished at the Veterans Affairs Pacific Island Health

Care System (VAPIHCS), located at 459 Patterson Road, Honolulu, Hawaii 96819-1522 following locations:

• VA Spark Matsunaga Ambulatory Care Clinic

• Community Living Center

• E-Wing

• Leeward Community Based Outpatient Clinic

Contractor’s Hours of Duties: The VAPIHCS normal business hours usually operate between 8:00am to

4:00pm, Monday through Friday, except Federal Holidays. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government Agencies.

All waste collection services work shall be accomplished during normal business hours.

Federal Holidays: national holidays observed by the Federal Government are

New Year’s Day January 1

Martin Luther King Day Third Monday in January

Presidents’ Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans’ Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

Contractor’s Work Schedule: The Contractor shall provide to the COR a proposed work schedule which depicts how services will be accomplished 15 days after the receipt of award. All work shall be coordinated with the COR or designated representative when accomplished during normal business hours to avoid disruptions or conflicts between the Government functions and the provision of service under this contract.

Interference to Normal Function: The Contractor shall delay or interrupt their work at any time to avoid interference with patient care procedures and the normal function of the facility, including utility services, fire protection, and passage of facility patients, personnel, equipment and carts.

SCOPE OF WORK

Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, documentation and Emergency Response Activities for proper treatment, treatment, recycling, storage and disposal services described herein at Veterans Affairs Pacific Island Health Care

System (VAPIHCS). Services will be based on the Task and Frequency Schedule, excluding all Federal

Holidays.

Required monthly pick up’s at the following locations:

VA Spark Matsunaga - ACC

VA Community Living Center

VA E-Wing

VA Leeward Community Based Outpatient Clinic

Hazardous Waste Regulations: Disposal of waste materials, performance of projects and emergency response activities shall comply with the following and all other applicable regulatory requirements, 40

CFR Parts 260-282, which contains all of the Resource Conservation and Recovery Act (RCRA) regulations governing hazardous waste identification, classification, generation, management and disposal.

• Part 260 – Hazardous Waste Management System: General

• Part 261 – Identification And Listing Of Hazardous Waste

• Part 262 – Standards Applicable To Generators Of Hazardous Waste

• Part 263 – Standards Applicable To Transporters Of Hazardous Waste

• Part 264 – Standards For Owners And Operators Of Hazardous Waste Treatment, Storage, And

Disposal Facilities

• Part 265 – Interim Status Standards For Owners And Operators Of Hazardous Waste Treatment

Storage, And Disposal Facilities

• Part 266 – Standards For The Management Of Specific Hazardous Wastes And Specific Types Of

Hazardous Waste Management Facilities

• Part 267 – Standards for Owners And Operators Of Hazardous Waste Facilities Operating Under

A Standardized Permit

• Part 268 – Land Disposal Restrictions

• Part 270 – EPA Administered Permit Programs: The Hazardous Waste Permit Program

• Part 271 – Requirement For Authorization Of State Hazardous Waste Programs

• Part 272 – Approved State Hazardous Waste Management Programs

• Part 273 – Standards For Universal Waste Management

• Part 279 – Standards For The Management of Used Oil

• Part 280 – Technical Standards And Corrective Action Requirements For Owners And Operators

Of Underground Storage Tanks (UST)

• Part 281 – Approval Of State Underground Storage Tank Programs

• Part 282 – Approved Underground Storage Tank Programs

• Parts 283 to 299[Reserved]

In addition applicable regulatory requirements from CFR Title 49 contain regulations governing the transportation of hazardous materials and wastes. Key Provisions of the Hazardous Materials

Transportation Act Hazardous materials regulations are subdivided by function into four basic areas:

• Procedures and/or Policies: 49 CFR Parts 101, 106 and 107

• Material Designations: 49 CFR Part 172

• Packaging Requirements: 49 CFR Parts 173, 178, 179 and 180

• Operational Rules: 49 CFR Parts 171, 173, 174, 175, 176 and 177

Types of Hazardous Waste: Hazardous waste are divided into listed wastes, characteristic waste, universal waste, and mixed wastes. For the purposes of this contract, the following Hazardous Wastes include a list of common, but not all inclusive, waste materials that require disposal. This Hazardous

Waste Management requirement does NOT contain “Infectious Substances” waste.

Listed wastes: By definition, EPA determined that some specific waste are hazardous. These wastes are incorporated into lists published by the Agency. These list are organized into three categories:

• The F-list (non-specific sources wastes)

• The K-list (source-specific wastes)

• The P-list and the U-list (discarded commercial chemical products)

Listed Wastes Items that are to be properly disposed and/or recycled may include, but is not limited to: P-list and U-list products: Acute hazardous expired wastes/Non-controlled medications.

Universal Wastes: EPA’s universal waste regulations streamline hazardous waste management standards for federally designated “universal wastes,” Items that are to be properly disposed and/or recycled may include, but is not limited to: batteries, pesticides, mercury-containing equipment and bulbs (lamps).

Description of Services

General Removal of Waste Materials: The Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, documentation and

Emergency Response Activities for proper treatment, recycling and disposal services.

Waste Disposal Plans

The Contractor shall be responsible for locating appropriate facilities for management of waste materials, for completing any waste profile documents required by the facility or state where a facility is located, and for any costs incurred in the profiling process. The government reserves the right to make bulk shipments of Universal Waste Batteries directly to a recycler and to utilize federal programs for reclaiming/recycling waste materials such as refrigerants and oils. Unless prior approval has been obtained in writing from the AMP-100 Environmental Coordinator acting as Contracting Officer

Representative, wastes shall be profiled and shipped directly to the waste management facility.

If feasible, the disposal method selected for each waste stream shall conform to the following priorities

(preference shown highest to lowest) as applicable for the type of waste: (i) reclamation, (ii) incorporation into a fuels burning program, (iii) incineration, (iv) treatment/detoxification/fixation and(v) land disposal. If requested, the contractor shall provide information on the available disposal options for particular waste materials.

For new or one-time waste streams, VAPIHCS will provide a description of the waste, Material Safety

Data Sheets and proposed sampling plan, if necessary, to the contractor.

Manifest/Documentation of Disposal

The contractor shall provide a properly completed manifest or other appropriate shipping document for each waste shipment. The manifest and/or any other documentation concerning the shipment (such as restricted waste notification forms required by the Land Disposal Restrictions in 40 CF Part 268) shall be provided to the COR at least two working days prior to the scheduled shipment. Manifests shall be prepared in accordance with 49 CFR 172.205, 40 CFR Part 262 and 40 CFR 761.208. For each waste stream on the manifest or shipping document, the waste management facility’s approval number and applicable state waste stream numbers shall be noted on the manifest. All documentation shall be typewritten or neatly printed with all copies legible. The contractor shall assure that all transporters used have any required EPA identification numbers, permits, and licenses and are properly registered. The

COR or their designee will sign and date the generator’s certification on the manifest. The transporter will sign and date the manifest or shipping document and return the generator’s copy with an original signature to the COR. The waste management facility shall returned a signed copy of the manifest or shipping document indicating receipt of the material to the COR within 35 days of the date that the waste is accepted by the initial transporter.

For all shipments of hazardous waste and PCB material and whenever available for other types of waste, the contractor shall provide certification of reclamation or disposal to the COR within 120 days of the shipment date. The certification shall include: (i) the identity of the disposal facility by name, address and EPA identification number, (ii) the identity of waste affected by the certification including reference to the manifest number for the shipment, (iii) a statement certifying disposition of the identified waste, including the date(s) of disposal and identifying the process used and (iv) a certification, as defined in 40

CFR 260.10, signed by a representative of the disposal facility.

Packaging/Labeling/Marking

Most waste generated by VAPIHCS operation are placed or collected in 55-gallon drums which will be removed by the contractor. However, drums may not be full (50 gallons for liquid waste) and some wastes to be shipped will be in smaller DOT-shippable containers (generally 5 and 30 gallon buckets and drums). The contractor shall furnish containers if they desire to lab pack or decant routinely generated wastes for shipment. The contractor shall be responsible for the proper disposal of empty containers generated during any decanting activities. Documentation concerning the disposal or management method that will be utilized for such containers shall be provided to the COR upon request.

Before transporting any container of waste, the contractor shall mark and label the containers in accordance with applicable requirements in 40 CFR 262.32 and Department of transportation regulations in 49 CFR Part 172.

Handling/Loading/Transportation of Material

The contractor shall schedule shipment dates and times with the COR. Shipments shall not be scheduled on Saturdays, Sundays, federal holidays, or any other day when VAPIHCS is closed.

The contractor shall be responsible for the proper and safe handling, transportation and delivery of all hazardous material/waste consigned to him/her. This shall include, but is not limited to: (i) insuring and adequate vehicle and qualified operator is provided to safety transport all types of waste, (ii) insuring that all vehicles are equipped with adequate first aid, fire protection, personnel safety, and spill control equipment, (iii) insuring all loads are properly secured and properly placarded, (iv) coordinating unloading of material with the receiving facility.

Environmental Emergency Response Plans

Contractors will submit an Emergency Response Plan within 5 days after for disaster recovery. All Plans must include a 24-hour response plan to facilitating immediate actions for disaster recovery, containment, and/or cleanup operations. Contractors are expected to include the manpower and equipment, logistical support, and operation oversight to manage various environmental emergencies. The plan should include a list of authorized individuals and contact information of responsible people involved in facilitating emergency responses.

Routine Requirements

Waste Shipments: Waste material shall be removed at least quarterly. The contractor shall complete routine waste shipments within 15 days of the approved COR scheduled approved. The contractor shall coordinate pickup times with the COR.

Support for Projects Involving Hazardous Material Management: The contractor may provide support for tasks or projects involving hazardous material management activities not associated with shipment of waste material. The contracting officer or COR will provide the contractor with a written scope of work for each task or project. The contractor will respond in writing within 10 days with a plan of action, proposed schedule and itemized cost estimate for the work.

The Task and Frequency Schedule: Indicates the minimum acceptable frequencies of the generalized duties that encompasses a comprehensive list of waste that could require collection, recycling, or disposal.

In addition to the service required herein, incidental functions not specifically listed but normally included as general practices within the Hazardous Waste Management Industry shall be provided. The overall types of wastes and duties associated will remain within the natural scope of work within

Hazardous Waste Management.

Collections are to be conducted, at a minimum 12 (twelve) times annually per site. This should be based on months intervals. The scheduled time frame should be during normal business hours. Request for

Emergency Response and Disaster Recovery Services shall be conducted in accordance to Emergency

Response Plans approved by the COR. Those services will be conducted on an “as-need” basis, and can be performed during or after normal business hours, depending on the level of need.

The Task and Frequency Schedule indicates the minimum acceptable frequencies, however, the

Contractor shall correct in such a manner to any deficiency identified, recorded and reported to the

Contractor by the COR or designated representative.

Contractor Qualifications

All services shall be performed by Hazmat trained technicians in conformity with local trade practices.

At a minimum, there should be one project manager with a 4-year degree in Environmental, Chemical, or related Engineering degree with HAZWOPER Training and Certification, and 8 years of experience. All field/site technicians shall provide proof of current and/or refresher HAZWOPER Training and

Certification, with a minimum of 5 years of experience.

Contractor Requirements, Certifications, Permits & Licensure: The contractor shall obtain all necessary licensure and/or permits and insurance that is required to perform this work. Proof of licensure and/or permits and insurance is required. Contractor shall take all precautions necessary to protect persons and property form injury or damage during the performance of this contract. Contractor shall be responsible for any injury to any Contractor’s 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.

Contractor personnel shall submit copies of all documents pertaining to authorized Federal and State EPA and DOT required Permits, Certifications, and/or Licensure, with their bid packages.

Authorized State (EPA) RCRA Permitting Programs:

The Resource Conservation and Recovery Act (RCRA) requires individuals who generate or transport hazardous waste, or who operate a facility for recycling, treating, storing or disposing (TSD) of hazardous waste, to notify EPA or their authorized State waste management agency of their regulated waste activities and obtain a US EPA Identification (ID) Number (also known as RCRA ID Number).

Under RCRA, most hazardous waste permits are issued by states. The state of Hawaii is assigned to EPA

Region 9 (Pacific Southwest); Region 9’s state programs are authorized to issue permits. For information on how to obtain a hazardous waste permit, or on permits already issued, information:

http://health.hawaii.gov/shwb/hazwaste/

Beginning October 1, 2008, the Hawaii Department of Health (HDOH) will be processing all Notification of Regulated Waste Activity (EPA Form 8700-12) forms. Handlers of regulated waste are required to complete EPA Form 8700-12 for initial notification to obtain an EPA ID number, and subsequent notifications to update site identification information.

B.2 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Nicole H. Dorsey

Department of Veterans Affairs

VA Sierra Pacific Network (VISN 21) http://health.hawaii.gov/shwb/hazwaste/

VA Pacific Islands Health Care System

459 Patterson Rd

Honolulu HI 96819-1522

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

[X] 52.232-34, Payment by Electronic Funds Transfer—Other Than System For Award

Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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.

FMS VA-9(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:

AMENDMENT NO DATE

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

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

To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of

VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

B.4 SUBCONTRACTING COMMITMENTS--MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned

Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments.

Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

(End of Clause)

VA261-14-Q-1135

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS

JUN 2016

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(DEC 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

[] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN

2014) (Pub. L. 111-117, section 743 of Div. C).

[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (OCT 2014) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)

(15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C

632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

[] (33) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s

13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-13.

[] (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014)

(E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011)

[] (40) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (41)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-

42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (42) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (43) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

[] (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

[] (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[] (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[] (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

(31 U.S.C. 3332).

[X] (50) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

[X] (51) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C.

chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42

U.S.C. 1792).

[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

[] (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order

13658).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order

13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(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 30 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 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on

Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the

United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of Clause)

C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or

8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in

8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except…

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