36C26124Q0474.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26124Q0474 05-31-2024

SABLE WILLIAMS SABLE.WILLIAMS1@VA.GOV 06-14-2024

7am PDT

00261

RICO.JOHNSON@VA.GOV

X 100

X

562111

$47 Million

N/A

See Delivery Schedule

00261

Department of Veterans Affairs Network Contracting Office 21 Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086

Department of Veterans Affairs Financial Services Center P.O. Box 149971

Austin TX 78714-9971

See CONTINUATION Page

SDVOSB SET ASIDE

Offerors must be registered and "Verified" as an SDVOSB concern in https://veterans.certify.sba.gov/ on the date quotes are due and at time of award.

Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their addendums included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

See CONTINUATION Page

RICO JOHNSON

36C26124Q0474

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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) ...28

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.11 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer

RICO JOHNSON

RICO.JOHNSON@VA.GOV

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] monthly

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

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

86,000.0 lb _______________

Biohazard Waste per LB Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

8,000.00 lb _______________

Chemotherapy Waste per LB Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

PRODUCT/SERVICE CODE: S205 -

1,000.00 lb _______________

Pathological Waste per LB Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025

1,700.00 lb _______________

Non-RCRA Pharmaceutical Waste per LB Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025

12.00 mo _______________

Controlled Substance Waste Program per Month Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025

24.00 ea _______________

Susanville Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025

Gardenville "Would have to be 3 gl mail back* Contract Period: Base POP Begin: 08-01-2024 POP End: 07-31-2025 lb _______________

Biohazard Waste per LB Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

Chemotherapy Waste per LB Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

Pathological Waste per LB Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

Non-RCRA Pharmaceutical Waste per LB Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

Controlled Substance Waste Program per Month Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

Susanville Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026

Gardenville "Would have to be 3 gl mail back* Contract Period: Option 1 POP Begin: 08-01-2025 POP End: 07-31-2026 lb _______________

Biohazard Waste per LB Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-01-2027

Chemotherapy Waste per LB Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-01-2027

Pathological Waste per LB Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-01-2027

Non-RCRA Pharmaceutical Waste per LB Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-01-2027

Controlled Substance Waste Program per Month Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-01-2027

Susanville Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-01-2027

Gardenville "Would have to be 3 gl mail back* Contract Period: Option 2 POP Begin: 08-01-2026 POP End: 07-01-2027 lb _______________

Biohazard Waste per LB Contract Period: Option 3 POP Begin: 08-01-2027

POP End: 07-31-2028

Chemotherapy Waste per LB Contract Period: Option 3 POP Begin: 08-01-2027 POP End: 07-31-2028

Pathological Waste per LB Contract Period: Option 3 POP Begin: 08-01-2027 POP End: 07-31-2028

Non-RCRA Pharmaceutical Waste per LB Contract Period: Option 3 POP Begin: 08-01-2027 POP End: 07-31-2028

Controlled Substance Waste Program per Month Contract Period: Option 3 POP Begin: 08-01-2027 POP End: 07-31-2028

Susanville Contract Period: Option 3 POP Begin: 08-01-2027 POP End: 07-31-2028

Gardenville "Would have to be 3 gl mail back* Contract Period: Option 3

POP Begin: 08-01-2027 POP End: 07-31-2028 lb _______________

Biohazard Waste per LB Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

Chemotherapy Waste per LB Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

Pathological Waste per LB Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

Non-RCRA Pharmaceutical Waste per LB Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

Controlled Substance Waste Program per Month Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

Susanville Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

Gardenville "Would have to be 3 gl mail back* Contract Period: Option 4 POP Begin: 08-01-2028 POP End: 07-31-2029

GRAND TOTAL _______________

B.3 STATEMENT OF WORK

1. Scope of Work Ref: 654-24-4-6094-0055

The Contractor shall furnish all labor, equipment, containers and lids that are properly labeled, cleaned, and disinfected (except for Government-furnished “Sharps” needle containers), supplies, materials, transportation, and supervision required to provide pick up, transport, treatment/incineration and/or acceptable disposition of Regulated Medical Waste (RMW), pathological wastes (to include pacemakers), chemotherapy wastes, Non RCRA (Resource Conservation and Recovery Act) Pharmaceutical Waste, and a Controlled Substance Waste Program (CsRx) at the VA Sierra Nevada Health Care System located at the below locations:

1. Main campus: VA Sierra Nevada Health Care System located at 975 Kirman Ave, Reno NV, 89502

NOTE: Locations 2 and 3 below only generate Regulated Medical Waste (RMW) (quantities listed)

2. Community Based Outpatient Clinic (CBOC), VA Diamond View Outpatient Clinic, 110 Bella Way, Susanville, CA 96130

a. This location generates approximately 67 lbs of RMW per month

3. VA Carson Valley Outpatient Clinic, 1330 Waterloo Lane, Suite 101, Gardnerville, NV 89410

a. This location generates approximately 30 lbs of RMW per month

2. Background information

The VA Sierra Nevada Health Care System generates an average of the below poundage of all the listed wastes per year. Breakdown is as follows (estimated quantities from 2023):

Type lbs.

Biohazard Waste per LB 53500 Chemotherapy Waste per LB 3840 Pathological Waste per LB 144 Non-RCRA Pharmaceutical Waste per LB 6000 Controlled Substance Waste Program per Month n/a Susanville 275 Gardenville 600

3. Performance period

3.1 Location 1, Main Campus: The contractor shall pick up above biomedical infectious wastes at location 1, main campus, minimum three times per week during regular working hours on Mondays, Wednesdays, and Fridays between 07:00 a.m. to 10:00 a.m. In the event of the day of pick up falls on a holiday, pick up is to take place on the next regularly scheduled work day. NOTE: at the main campus, VA personnel work these holidays and are available on Holidays for pickup of these infectious wastes. Additionally, Controlled Substance Waste Program (CSRx) pick ups shall occur once per month at the main facility.

3.2 Locations 2 and 3: pick ups shall occur twice a month on a day during regular working hours from Monday through Friday 8:00 a.m. to 4:30 p.m, excluding Federal Holidays. In the event of the day of pick up falls on a holiday, pick up is to take place on the next regularly scheduled work day.

3.3 VA observed Federal Holidays are:

New Year’s Day January 1 Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day 1st Monday in September Discoverers Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

Any other day designated by the President as a national holiday.

4. Definition

4.1 MEDICAL WASTE: Contaminated dressings, tissues, gloves, masks, hair covers, etc. from isolation rooms, packed and tied in “RED BAGS “(red plastic leak-proof bags).

4.2 BIOLOGICAL AND PATHOLOGICAL WASTE: Human anatomical parts, waste tissue, blood, microbial cultures, stool samples, etc., packed in tied and leak-proof “RED BAGS’.

4.3 VETERINARY WASTE AND ANIMAL BODIES: Animal parts, carcasses, waste tissue and other veterinary waste packed in tied and leak-proof “RED BAGS”. (Note- at present the VASNHCS does not have animal research, but may re-institute it in the future, thus the contractor needs to be equipped to handle such animal wastes if needed)

4.4 CANCER CHEMOTHERAPY WASTE: Discarded items which have been contaminated by chemotherapeutic drugs or antineoplastic agents, provided that such items, including trace drugs used against malignant cells in treatment of cancerous tumors, vials and syringes, gauze and gloves, infusion bags, etc., shall be empty or contain only such trace amounts of chemotherapeutic drugs as are allowable under applicable Federal, state, county or municipal laws, regulations and guidelines so as to be considered waste.

4.5 INFECTIOUS WASTES

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

• Pathologic specimens, including human or animal tissues, blood elements, excreta, and secretions which contain etiologic agents, and attendant disposable fomites.

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

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

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

• Carcasses of animals infected with etiologic agents which may present a substance hazard to public health if improperly managed. (Note- at present the VASNHCS does not have animal research, but may re-institute it in the future, thus the contractor needs to be equipped to handle such animal wastes if needed)

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

4.6 ETIOLOGIC AGENTS: A type of microorganism, helminth, or virus which causes, or significantly contributes to the cause of, increased morbidity or mortality of human beings.

4.7 INCINERATED INFECTIOUS WASTES: Infectious wastes that have been incinerated, steam sterilized or otherwise treated so as to be non-infectious, may be handled as noninfectious, nonhazardous, regular solid waste unless the material is defined as a hazardous waste or hazardous material according to section 66084, 66088, or 66680, title 22, C.A.C.

4.8 HAZARDOUS WASTE (Section 66088 title 22, CAC):“Hazardous waste” means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. Hazardous waste includes extremely hazardous waste.

4.9 LISTS OF CHEMICAL NAMES AND COMMON NAMES (Section 66680 title 22, CAC): The comprehensive lists of Chemical names and common names are kept in each Environmental Health office as reference material.

5. Contractor Specific Tasks

5.1 Biomedical Hazardous Waste

5.1.1 Contractor shall pick up biomedical hazardous waste as stated in section 3 above with adequate coordination and approval of the Contracting Officer Representative (COR).

5.1.2 The contractor shall provide COR with an invoice at least monthly that identifies the date(s), number of, types and sizes of all containers removed for treatment/disposal, providing the VA with the data to adequately track and manage wastes removed.

5.1.3 The contractor shall weigh the biomedical hazardous waste and record the weights for each pickup and include such weights in each weekly manifest. The size of the containers to be furnished shall be 44 gallon +/- 15% for biohazard waste

5.2 Chemotherapy wastes

5.2.1 Contractor shall pick up chemotherapy wastes as stated in section 3 above and the contractor shall provide container counts and actual weight on the weekly manifest. The size of the containers to be furnished shall be 8 gallon for biohazard waste.

5.2.2 The contractor shall weight the chemotherapy waste and record the weight for each container on the weekly manifest.

5.2.3 Invoices will include accurate weights and tracking documents to certify proper disposal.

5.2.4 Chemo wastes will be picked up in the secure caged area adjacent to Bldg. 1. The contractor shall provide the COR with the necessary data to properly track and manage the waste (via manifests) to ultimate disposal, containing accurate container numbers, weights and certificates of disposal.

5.3 Pathological/infectious wastes

5.3.1 Contractor shall pick up Pathological/infectious wastes at the morgue for weighing and disposal.

5.3.2 Invoices shall include tracking documents to certify proper disposal.

5.3.3 Pathological wastes shall be picked up as required, estimated to be on a quarterly basis, invoices/manifests will include all tracking documents to certify proper disposal. Contractor shall coordinate pick up pathological wastes with VA. Pick up pathological wastes will be at the morgue located in Bldg. 1 Ground floor.

5.4 .The Contractor shall treat and/or dispose of bio-hazardous medical waste in accordance with State and Federal (U.S. Environmental Protection Agency - EPA) guidelines, VASNHCS infectious medical waste requirements located in the following local directives (138-36, Pollution Prevention Waste Minimization Program) , and all other Federal, State and local regulations.

5.5 Contractor shall maintain all necessary medical waste permits and licenses for the disposal of and treatment of such waste.

5.6 Contractor shall also have an assigned U.S. Environmental Protection Agency (EPA) authorization and identification number, necessary Department of Transportation permits, insurance prior to transport and/or disposal of subject waste. If contractor requires additional information, they may contact U.S.

EPA regional office. Copy of all licenses shall be provided to Contracting Officer upon contract award. In addition contractor shall supply an organization chart, listing of key personnel and competency training documentation that demonstrates staff ability to process various waste streams.

6. Disposal and Sanitation requirements

6.1 Contractor shall employ the best environmentally sound methods of treating and destruction of wastes such as incineration and recycling or any other acceptable methods, in accordance with EPA and industry standards.

6.2 Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance.

6.3 The pick up area where rental containers are placed shall be maintained in a clean, orderly, sanitary condition. Particular attention shall be paid to the prompt clean up of oil and/or grease spills, either generated from the vehicles used to haul containers or because of container leakage.

6.4 Contractor furnished containers shall be kept neat, in clean and sanitary appearances, repaired or replaced as necessary.

7. Containers

7.1 The Contractor shall provide containers which are in good condition, have tight fitting lids, are durable, rigid, puncture resistant, do not leak, and which are labeled, color-coded, clearly marked (or markable).

7.2 Inspection for leaks and corrosion shall be performed routinely by the Contractor prior to furnishing containers to VA. Containers shall be lined with plastic bags. VA medical facility employees may distribute containers throughout the using facility and will return them to the waste pick up area.

8. Documentation

8.1 The “manifest” is a State of Nevada form entitled “Hazard Waste Hauling Record & Certificate of Destruction” which is used to track the subject waste from the point of generation to the designated disposal location.

8.2 Once the material has reached the disposal facility, a copy of the manifest and certificate shall be provided to the Contracting Officer’s Representative (COR), confirming that the material has been properly handled and disposed of.

8.3 The Contractor shall provide a manifest for each pick up, certifying the number of containers and types of waste picked up and removed and transported from the facility, and, upon destruction of the waste, shall provide appropriate copies of the manifest form to indicate date, place and manner of destruction and/or disposal. The COR will keep its copy on file in accordance with agency guidelines.

9. Monthly Report

9.1 The Contractor shall also provide, in accordance with applicable regulation, a detailed daily activity statement which shows in column form information including, but not limited to, the service date, container/tub number, weight (in pounds), pick up location and other important data. Data shall be supplied and accessible in real-time via a website used for such reporting. The COR shall be issued login credentials for 24 hour access of information.

9.2 This tracking document shall be provided to the COR and VA Industrial Hygienist of the facility on a monthly basis, along with invoice. The Industrial Hygienist’s name, telephone number and address will be provided to Contractor at the time of award by the COR.

10. Weighing System

10.1 The contractor shall provide a certifiable weighing system to enable proper billing for “tare weight” waste poundage disposed, i.e., if the disposal container weighs 10 pounds and the Contractor is to dispose of 10 containers, each container shall be weighed and container total weight (100) pounds is subtracted from the gross container weight to determine the total waste poundage to be paid.

11. Safety Training

11.1 Contractor shall provide a yearly/as needed in-service training to VA employees; training shall be coordinated with the COR. Training shall include methods on how to identify and handles infectious waste with special emphasis on Right to Know compliance.

11.2 Contractor shall comply with the Nevada Division of Occupational Safety and Health Agency regulations, these regulations can be accessed at www.osha.gov/dcsp/osp/stateprogs/nevada.html on workers’ safety standards and related training.

11.3 All Contractors’ personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill.

Certification of such training shall be provided within fifteen days of receiving notice of award of the contract. Certification for any new employees shall be provided to the COR within thirty (30) days of receipt of said training.

12. Interference to normal function

Contractor’s personnel are required to interrupt their work at any time to avoid interference with patient care procedures and the normal function of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

13. Security Requirement

VISN 21 90 CCA March 1, 2011 Contractor Personnel Security Requirements

Reference:

VHA Directive 0710, Personnel Security and Suitability Program/ May 18, 2007 VA Handbook 0710, Personnel Suitability and Security Program/ September 10, 2004

Upon contract award, all key personnel shall be subject to the appropriate type of background investigation or screening per VA/VHA directive 0710 and must receive a favorable adjudication from CCA Personnel Security Specialist or VA Security and Investigations Center (SIC) depending on investigation or screening required. This requirement is applicable to all subcontract personnel. If the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

Contract personnel who previously received a favorable adjudication as a result of a Government background investigation or screening may be exempt from this contract requirement. They must provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer. Proof of previous adjudication is subject to verification.

Some positions maybe subject to periodic re-investigation/screening.

1. Position Risk/Sensitivity – For all positions required under this contract, the position risk/sensitivity has been designated as: High Risk, Medium Risk, or Low Risk

2. Background Investigation/Screening – It is anticipated that the Contractor or contract personnel will be providing services at a VA facility(s) for MORE than 180 days under a single contract or series of contracts, or have access to VA computer data systems. The background investigation/screening commensurate with the requirements of this contract is: BI, MBI OR NACI

3. Contractor Responsibilities

a. The Contractor shall prescreen all personnel to ensure they are able to read, write, speak, and understand the English language.

b. The Contractor shall submit or have their contract personnel submit the following required forms to the Personnel Security Specialist or VA Contracting Officer, through the COR or Personnel Security Specialist, within five (5) business days of contract award.

4. Low Risk Investigative Requirements

a. All investigations must be completed through the Electronic Questionnaires for Investigations Process (e-QIP). All contractors must complete the Authorization for Investigation Worksheet before they can complete the online e-Qip.

b. Optional Form 306, Declaration for Federal Employment provide by VA point of contact.

c. Electronic Fingerprint Verification or FD 258, U.S. Department of Justice Fingerprint Applicant Chart.

c. Once the items requested are completed, the Contractor is authorized to provide services under the contract. As previously stated, if the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

d. The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the contract.

e. Failure to comply with these Contractor personnel security requirements may result in termination of the contract for default.

5. Government Responsibilities

a. The VA Contracting Officer will ensure a time for contract personnel to complete the fingerprint portion of this requirement, if any, and the COR will responsible for performing any duties assigned by the VA Contracting Officer with regard to fulfilling the Contractor personnel security requirements described herein.

b. Upon receipt, the local VA facility or VA SIC, depending on the type of investigation/screening required, will review the accuracy of the items requested in paragraph above, and forward these items to OPM to conduct their portion of the background investigation or screening, as applicable.

c. The requesting VA facility will pay for any portion of the investigation or screening conducted by OPM, if any.

d. Depending on the type of investigation/screening required, the Personnel Security Specialist, or VA SIC will notify the VA Contracting Officer of the adjudicating results of the background investigation or screening.

e. The VA Contracting Officer and Personnel Security Specialist will ensure that the required investigations or screening have been completed or are in the process of being requested.

Personnel Identity Verification (PIV) of Contractor Personnel

In accordance with FAR 52.204-9 and VA Directive 0735 – Personal Identity Verification of Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card. See the Accepted Identification Documentation List provided below. The COR, or designee, will be responsible for sponsoring each contract person that requires a VA-issued identification card.

PIV ID Proofing Criteria

The following criteria must be met by all VA employees, contractors, and affiliates prior to being issued a PIV card or Temporary Identity Badge.

Continued Next Page Table of Accepted Identification (From Form I-9) Last Update: January 7, 2008

1. Two forms of identification are required from the above list of acceptable documents. Either of the following is accepted:

a. Two forms of identification from the left column (Federal or State Government issued picture ID)

b. One form of identification from the left column (Federal or State Government issued picture ID) and one form from the right column (Non-Picture ID or Acceptable Picture ID not issued by Federal or State Government).

2. The following rules apply for form identification:

a. Any form of identification used for ID proofing may not be expired (except U.S. Passport)

b. Department of Veterans Affairs site/facility badges are not accepted as a valid form of identification.

c. VA PIV Cards are federally issued ID cards and can be used as a valid form of identification.

d. Handwritten or photocopied documents are not accepted.

e. An ID issued before a legal name change (e.g. birth certificate or driver's license) can be presented as one form of ID if a legal document (e.g. marriage certificate/license or a court order) is also presented linking the previous name to the current legal name. The linking document has to display both the former and current legal names. Both documents must be valid and not expired (except U.S Passport). For example, a married woman may use both a certified copy of her birth certificate displaying her maiden name and a driver’s license displaying her married name as the 2 forms of ID compliant with PIV Guidelines, as long as she provides a marriage license displaying both her maiden name and married name.

f. The Applicant’s name listed on the VA PIV Registration Portal, Request for One-VA Identification Card, must match the name on one of the IDs presented by the Applicant.

g. The names on both forms of ID presented for ID proofing must match exactly. If one form of ID has a middle name or initial, the other form of ID must have a matching middle name or initial. One form can contain a middle name and the other can have a middle initial as long as the they match. ALL names must be accounted for on both forms of ID. Please see the acceptable and unacceptable ID proofing examples provided below.

ACCEPTABLE NAME VARIATIONS

ID # 1 – John Henry Smith; ID # 2 – John Henry Smith

ID # 1 – John H. Smith; ID # 2 – John H. Smith

ID # 1 – John Henry Smith; ID # 2 – John H. Smith

UNACCEPTABLE NAME VARIATIONS

ID # 1 – John Henry Smith; ID # 2 – John Smith

ID # 1 – John H. Smith; ID # 2 – John Smith

3. Access to and Safeguard of VA Information/Computer Systems

a. VA may provide contract personnel with access to VISTA and general files maintained on VA computer systems. Sharing of these access codes or misuse of VA information/computer systems is a Federal crime. When contract personnel no longer provides services to VA, the Contractor shall immediately inform the COR to deactivated their access. The COR is responsible for deactivation.

b. Computer access will require VA Cyber Security Awareness Training annually and acknowledge all agreements prior to access. (See attachment for security requirements). The COR is responsible for ensuring and documenting this requirement.

c. Contract personnel with Computer access will take necessary precautions to safeguard information and prevent disclosures. If contract personnel suspect a compromised they will report such knowledge to the COR that same day.

d. Remotely access will require prior approval from Information Security Officer (ISO).

e. The Contractor shall make its internal policies and practices regarding the safeguarding medical electronic information available to VA. Contractors are not authorized to employ a lesser requirement then what is established by this document.

f. Any changes in the VA directives during the term of this contract, shall be deemed to be incorporated into this contract.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

FAR

Number

Title Date

52.