36C26218R0241-003.docx

36C26218R0241

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

36C26218R0241 03-07-2018

ALFREDA HUNTER

909-801-5788 03-23-2018 00262 Department of Veterans Affairs Network Contracting Office 22 10444 Corporate Drive Suite K Loma Linda CA 92357 562211 $38.5 Million X N/A X Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

PICK-UP AND DISPOSAL OF REGULATED MEDICAL WASTE FOR THE

VA LOMA LINDA HEALTHCARE SYSTEM (SEE SCHEDULE OF SERVICES

AND PRICE/COST).

X X Alfreda Hunter Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 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 36C262, Alfreda Hunter (909) 801-5788 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Services Center Submit Invoices electronically to: http://www.ob10.com/veteransaffairs

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

B.2 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.

B. 3 SCHEDULE OF SERVICES AND PRICE:

This is an indefinite delivery indefinite quantity, (IDIQ) fixed price contract. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $500.00. The maximum aggregate value of the order that can be placed under this contract is $4,000,000.00. The Government does not guarantee that it will place any orders under contract in excess of the guaranteed minimum amount.

The previous option year pricing will apply to any extension pursuant to FAR 52.217-8 Pricing shall be inclusive of pickup and disposal of all waste streams and provision of all containers required throughout the term of the contract. Any locations not listed in Section B.4 will be added by amendment and through the contracting officer.

BASE YEAR: 01 APRIL 2018 THRU 31 MARCH 2019

Re-Usable Sharps Containers

EA

Additional Re-Usable Sharps Containers After Initial Installation.

Sharps

LBS

Bio-Hazardous Waste (Red Bags)

Pharmaceutical Waste

Pathological Waste

Chemotherapy Waste

RCRA Waste

OPTION YEAR ONE (1): 01 APRIL 2019 THRU 31 MARCH 2020

OPTION YEAR TWO (2): 01 APRIL 2020 THRU 31 MARCH 2021

OPTION YEAR THREE (3): 01 APRIL 2021 THRU 31 MARCH 2022

OPTION YEAR FOUR (4): 01 APRIL 2022 THRU 30 MARCH 2023

BASE YEAR ESTIMATED TOTAL:

OPTION YEAR ONE ESTIMATED TOTAL:

OPTION YEAR TWO ESTIMATED TOTAL:

OPTION YEAR THREE ESTIMATED TOTAL:

OPTION YEAR FOUR ESTIMATED TOTAL:

B.4 PARTICIPATING FACILITIES:

VA Loma Linda Healthcare System 11201 Benton St.

Loma Linda, CA 92357

VA Loma Linda Ambulatory Care Center (ACC) 26001 Redlands Blvd.

Redland, CA 92373

VA Loma Linda Redlands Blvd Outpatient Clinic (RBOC) 25828 Redlands Blvd.

Redlands, CA 92373

Notwithstanding any other provisions in this contract to the contrary, the Contractor shall provide medical waste pick-up and disposal to those facilities under the same terms and conditions as specified in this contract when directed to do so by the Contracting Officer (CO). The Contractor shall provide services to those clinics at the prices established for those same services at the parent facility. Clinic locations and estimated quantities are subject to change due to patient demand. The Contractor shall ensure it maintains the resources necessary to respond to these changes.

B.5 PERFORMANCE WORK STATEMENT (PWS):

The Department of Veterans Affairs Loma Linda Healthcare System (VALLHCS) has a requirement for a Contractor to service and provide pick-up and disposal of hazardous and non-hazardous medical waste. The Contractor shall provide all containers, installation, management, labor, supervision, transportation, and packaging of regulated medical waste (RMW) to include bio-hazardous (red bag) waste, chemotherapy waste, pathological waste, RCRA waste, sharps and pharmaceutical waste. The Contractor shall uniquely label each container for each waste stream.

a. The Contractor shall provide installation of disposable hazardous pharmaceutical waste containers, re-usable non-hazardous pharmaceutical waste, sharps, re-usable trace chemo waste containers, re-usable medical waste (“red bag waste”) containers, re-usable medical sharps only containers, and re-usable pathology, bio-hazardous, chemotherapy waste containers.

b. The Contractor may propose substitution of one-time use (disposable) containers in lieu of reusable containers for all waste streams other than RCRA waste.

c. All containers shall be swapped out by the Contractor at the point of accumulation in a just-in-time service model – minimizing time a full container sits at an accumulation point before replacement with empty container.

d. Definition of a full container. A full container is defined as any container that has reached a level that it cannot accept more waste and not sooner. The frequency of replacing a full container for an empty one will be determined by Contractor.

e. The Contractor shall conduct an onsite assessment with the Contracting Officer Representative (COR) to determine size, placement and location of medical waste containers. The Contractor shall ensure the Government that the offeror will be able to supply the estimated quantities, including any additional containers to be left on site.

f. The Contractor shall submit a medical waste manifest/tracking document and a monthly report. The monthly report shall be for all waste stream collected, transported and treated. The monthly report shall be aligned in all invoices, tracking documentation and certificate of destruction (COD); pounds, number of containers, size, cost per pound, location of the collection, and type of treatment. The certificate of destruction (COD) shall be emailed to the Contracting Officer Representative (COR) on a monthly basis. All RCRA hazardous waste shipments must be authorized and signed by the COR.

g. VA directives and federal executive orders direct efforts in cost reduction, waste minimization, environmental impact, and green-house gas generation in VA operations encourage use of re-usable containers over one time use (disposable) containers.

1. VA Directive 0058 - VA Green Procurement Program Policies and Procedures

2. VA Directive 0063 – Waste Prevention and Recycling Program

3. VHA Directive 7708 – Pollution Prevention (P2) Program

4. Executive Order 13423 Strengthening Federal Environmental, Energy, and Transportation Management

5. EO 13693 – Planning for Federal Sustainability in the Next Decade

h. The following regulations are applicable to the tasks required by this contract and are incorporated by reference herein. Should any aspect of the regulations or standards conflict, the most stringent shall apply.

1. California Health and Safety Code, Sections 117600-118360, Medical Waste Management Act (MWMA) (including all definitions)

2. Hazardous Materials Regulation, MRE: 49 CFR parts 171 through 180, Department of Transportation (DOT)

3. Code of Federal Regulations (CFR), Hazardous Waste Criteria, 40 CFR 261 ( C) (D), 40 CFR262 and 21 CFR 1200-1316

4. Bloodborne Pathogen Standard 29 CFR 1910, 1030, and OSHA Instruction CPI, 2-2, 44C Occupational Health and Safety Administration, 1992

5. Food and Drug Administration (FDA) requirements for waste containers as Class II Medical devices.

6. ASTM standard ASTM F2132-(2008)01e1 Standard Specification for Puncture Resistance of Materials Used in Containers for Discarded Medical Needles and Other Sharps and ASTM WK27197 revision of F2132-01(2008)01e1.

7. Resource Conservation and Recovery Act (RCRA)

CONTAINERS: Non-RCRA pharmaceutical waste and Sharps waste, The Contractor shall supply a container (reusable or single-use) that is in compliant with the MWMA for re-use.

a. Re-Usable Container shall have the following specifications:

1. meet all applicable laws and regulations

2. features to deter retrieval of items placed into the container

3. non-manual opening

4. durability to process approximately 400 to 500 re-uses

5. wall mount brackets enabling the securing of the container to a vertical surface

6. locking mechanism as an option to mount in areas of public access.

7. a foot pedal actuator as an option.

8. secure waste containers must be in a color other than RED, YELLOW, or BLACK

9. a one-way flap (i.e. mailbox slot)

10. labels on the containers are to be clearly labeled using at least a 14 point font identifying the type of waste (ex: Non-RCRA/Sharps).

11. COR must have access to inspect facility that disinfects reusable containers and may conduct unannounced site visits.

12. a stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

b. One-Time Use Container shall have the following specifications:

1. meet all applicable laws and regulations

2. features to deter retrieval of items placed into the container

3. non-manual opening

4. wall mount brackets enabling the securing of the container to a vertical surface

5. locking mechanism as an option to mount in areas of public access.

6. a foot pedal actuator as an option.

7. secure waste containers must be in a color other than RED, YELLOW, or BLACK

8. a one-way flap (i.e. mailbox slot)

9. labels on the containers are to be clearly labeled using at least a 14 point font, identifying the type of waste (ex: Non-RCRA/Sharps).

10. a stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

Non-RCRA Trace Chemo Waste: The Contractor shall supply a container (reusable or single-use) that is in compliant with the MWMA for re-use.

a. Re-Usable Trace Chemo Container shall have the following specifications:

1. meet all applicable laws and regulations

2. features to deter retrieval of items placed into the container

3. non-manual opening and be capable of opening with a foot pedal actuator as an option.

4. durability to process approximately 400 to 500 re-uses

5. secure waste containers in YELLOW

6. contractor shall install disposable liner

7. labels on the containers are to be clearly labeled using at least a 14 point font, identifying the type of waste (Trace Chemo Waste).

8. COR must have access to inspect facility that disinfects reusable containers and may conduct unannounced site visits.

9. a stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

b. One-Time Use (Trace Chemo) Container shall have the following specifications:

1. meet all applicable laws and regulations

2. features to deter retrieval of items placed into the container

3. non-manual opening

4. locking mechanism as an option to mount in areas of public access.

5. a foot pedal actuator as an option.

6. secure waste containers must be in a color YELLOW

7. labels on the containers are to be clearly labeled using at least a 14-point font, identifying the type of waste (Trace Chemo Waste).

8. a stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

Bio-Hazardous Waste (red bag waste): The Contractor shall supply a container (reusable or single-use) that is in compliant with the MWMA for re-use.

a. Re-Usable Bio-Hazardous Waste Container shall have the following specifications:

1. meet all applicable laws and regulations

2. non-manual opening and be capable of opening with a foot pedal actuator as an option.

3. durability to process approximately 400 to 500 re-uses

4. waste containers in RED

5. labels on the containers are be clearly labeled using at least a 14-point font, identifying the type of waste (Medical Waste).

6. COR must have access to inspect facility that disinfects reusable containers and may conduct unannounced site visits.

7. a stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

b. One-Time Use Bio-Hazardous Waste Container shall have the following specifications:

1. meet all applicable laws and regulations

2. non-manual opening

3. a foot pedal actuator as an option.

4. secure waste containers must be in a color RED. Labels on the containers are to be clearly labeled using at least a 14-point font, identifying the type of waste (Medical Waste)

5. a stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

Medical Sharps: Medical Sharps containers will be only used in areas where no non-hazardous pharmacy waste is generated, such as blood draw areas.

a. Medical Sharps Reusable Containers shall have the following specifications:

1. meet all applicable laws and regulations

2. features to deter retrieval of items placed into the container

3. non-manual opening and be capable of opening with a foot pedal actuator as an option.

4. durability to process approximately 400 - 500 re-uses

5. secure waste containers in RED

6. a one-way flap (i.e. mailbox slot)

7. labels on the containers are to be clearly labeled using at least a 14 point font, identifying the type of waste (Medical Sharps).

8. a stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

b. One-Time Use Medical Sharps Container shall have the following specifications:

1. meet all applicable laws and regulations

2. features to deter retrieval of items placed into the container

3. non-manual opening

4. locking mechanism as an option to mount in areas of public access.

5. a foot pedal actuator as an option.

6. secure waste containers must be in a color RED

7. labels on the containers are to be clearly labeled using at least a 14 point font, identifying the type of waste (Medical Sharps).

8. a stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

Pathology Waste: The Contractor shall supply a container (reusable or single-use) that is in compliant with the MWMA for re-use.

a. Pathology Waste Reusable Containers shall have the following specifications:

1. Meet all applicable laws and regulations

2. Durability to process approximately 400 to 500 re-uses

3. Waste containers in WHITE

4. Must be large enough to accept human limbs 30 – 55 gallons

5. Labels on the containers are to be clearly labeled using at least a 14-point font, identifying the type of waste (Pathology Waste Tissue).

6. COR must have access to inspect facility that disinfects reusable containers and may conduct unannounced site visits.

7. A stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

b. One-Time Use Pathology Waste Container shall have the following specifications:

1. meet all applicable laws and regulations

2. Must be large enough to except human limbs 30 – 55 gallons

3. secure waste containers must be in a color WHITE

4. labels on the containers are to be clearly labeled using at least a 14 point font, identifying the type of waste (Pathology Waste Tissue).

5. a stock of containers must be on hand to meet demand in the event containers are full and need to be exchanged on an off scheduled pick-up. COR will work with contractor to determine quantity

Narcotic Waste: The Government will supply the Cactus Sink external and internal holding containers, batteries, the internal liquid & solid narcotic waste holding containers. The contractor shall swap out the waste holding containers.

CONTRACTOR SPECIFIC TASKS AT POINT OF ACCUMULATION:

a. The Contractor shall place containers at or near the source of waste generation (ex: within a pharmacy, on a medication cart, inside a medication room, or in specified patient care rooms). The Contractor shall replace full containers with empty containers at these points of accumulation.

b. For RCRA Hazardous Pharmaceutical Waste, the Contractor shall establish accumulation points with pharmacies and other high volume hazardous waste generation points.

c. The Contractor shall place the appropriate RCRA waste description stream on the waste container label (i.e. P-listed, U-listed, D-listed, etc.) along with the start date of accumulation.

d. The Contractor shall furnish approved waste containers in accordance with the California Department of Health.

e. The Contractor shall ensure that all recyclable waste containers are maintained in optimum condition, in accordance with the U.S. FDA.

f. The Contractor shall provide an analysis of the drug list detailing the classification of all drugs considered RCRA waste, designating P and U list - discarded unused chemicals (261.33) (e) and (f) Waste Streams.

g. The Contractor shall notify the COR of any changes in the regulatory requirements for drug waste.

h. The Contractor shall supply a monthly survey on the total number of pounds of waste collected and the number of waste containers change-out for each waste stream to the COR. Contractor shall conduct annual waste stream surveys at each facility. The survey shall consist of a review of the annual waste generation statistics to determine if there have been any significant changes in the waste profile for each facility. The first survey shall be conducted within ninety (90) calendar days of initial contract award and within ninety (90) calendar days after exercising an option. The Contractor shall provide the results of the survey in a spreadsheet compatible with Microsoft Excel format and shall submit the results to the COR via email within fifteen (15) calendar days after the survey is completed. The COR shall monitor receipt of survey.

i. The Contractor shall provide a classification of all items in pharmacy formulary as well as classification of new items within fourteen (14) calendar days of notification by the COR. The formulary waste classification shall be maintained in computer accessible file, preferably internet accessible. Whenever there is a regulatory change affecting the fate of formulary, the Contractor shall provide an update of the formulary classification to the pharmacy department within thirty (30) days of a regulatory change.

B.6 REPORTS: The Contractor shall provide reports on poundage pick-up for non-hazardous pharmaceutical, bio-hazardous, medical sharps, pathology, and RCRA hazardous waste:

a. Non-RCRA pharmaceutical waste, bio-hazardous, medical sharps, and pathology containers shall be bar coded to allow for tracking of containers. The Contractor shall collect the following information for each container: a history of the net weight of material collected, the time a container stayed at location of accumulation, the date the full waste (one-time use or re-usable) container was replaced and the number of times the reusable container has been reused. The Contractor shall maintain this history in a database available for review by the COR upon request and compilation of statistics.

b. The Contractor shall record the consolidated weight of hazardous waste collected from waste accumulation points and shall include the date of accumulation and removal from a specific medical center or clinic. The weight shall be recorded on the hazardous waste manifest as well on a separate secure internet accessible-database for only hazardous waste.

B.7 PICK-UP SCHEDULE: Each facility, upon contract award and in conjunction with the Contractor, shall determine pick-up schedules. The schedules are based on the amount and type of regulated medical waste generated, sharps, and any storage restrictions specified in the regulations incorporated by reference in section B.4.

B.8 AUTHORIZED SERVICES:

a. Only those services specified herein are authorized under this contract. The Contractor shall not perform any work other than the services specified herein unless the Contractor first receives direction from the Contracting Officer.

b. Only the Contracting Officer can approve additional services under this contract.

c. Only the Contracting Officer may authorize additional services and reimbursement shall not be made unless prior authorization has been obtained.

B.9 IDENTIFICATION BADGE-CHECK IN WITH VA SECURITY: When on VA property, the Contractor personnel must comply with VA security regulations. Contractor personnel shall wear a VA PIV Badge at all times while on VA property. Contractor personnel assigned to the locations noted in Section B.4 will be badged IN ADVANCE of their start date. Each person to be badged will need to provide a driver’s license and social security card to the card sponsor. The PIV sponsor (COR) is located in Environmental Management at the main medical campus 1st Floor, Room 1C-24. The COR will assist Contractor personnel in obtaining a badge.

B.10 GOVERNMENT FURNISHED PROPERTY:

a. The Government shall provide designated areas for placement of disposable sharps and medical waste containers. The Government shall designate areas where these secure containers may be kept until the arrival of transport vehicles. However, the Contractor shall not restrict the VA facility from performing packaging or consolidation of any facility’s own waste stream, nor restrict any VA facility to Contractor provided packaging as long as said packaging or consolidation complies with applicable government regulations.

b. In accordance with applicable Government regulations, the designated VA representative shall complete appropriate information on and/or sign required waste manifest forms/waste tracking documents. The Government shall provide appropriate facilities for any training provided by the Contractor. The government shall provide the Contractor with a list of all medications with NDC #’s used by the facility.

c. The COR shall inform the Contractor of any additional drugs requiring classification that has been added to the drug formulary.

B.11 HOURS OF OPERATION:

a. Normal Work Hours: This contract is a full-service contract for three (3) technicians on-site, Monday through Friday. Pick-up of regulated medical waste shall take place between the hours of 6:00 a.m. to 4:30 p.m., five (5) days per week, eight (8) hours per day, to include all necessary service calls National Holidays excluded. Any service performed during other than normal work hours shall be approved in advance by the COR. The price shall be agreed upon by the Contractor and CO and contract modification shall be awarded to allow for the additional work.

b. NATIONAL HOLIDAYS: The Contractor is not required to provide services on the following National Holidays.

c. Also included would be any other day specifically declared by the President of the United States to be a National Holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

B.12 PARKING:

a. The Contractor shall park only in areas designated for contractor personnel by the VA Police and Security Service personnel.

b. The Contractor shall display on its vehicles the company name in a manner and size that is clearly visible.

c. The Contractor shall conform to the posted speed limits and parking restrictions set at each government facility.

B.13 SMOKING POLICY: Smoking is permitted only in designated areas which vary at individual VA sites.

B.14 SAFETY DATA SHEETS (SDS): The Contractor shall provide their employees with immediate access to SDS for all hazardous substances.

B.15 CONTRACTOR EMPLOYEES:

a. The Contractor is responsible for the proper protection of his employee.

b. The Contractor shall furnish Contractor employees all necessary Personal Protective Equipment (PPE) and ensure proper working condition of said equipment.

c. Attire and PPE, including respirators, must be appropriate for the hazardous condition of lab-packing, lifting, carrying, pouring, blending, moving, and/or loading hazardous and toxic substances in limited space.

d. The Contractor employees shall be enrolled, as appropriate and at Contractor expense, in a medical surveillance program as prescribed by 29 CFR 1910.

e. The Government reserves the right to accept or reject Contractor personnel for the rendering of services. Contractor shall replace any Contractor personnel rejected by the Government at no additional cost to the Government. The COR shall report any contractor personnel performance, complaints or conduct issues to the Contractor.

B.16 TRAINING: The Contractor Management Staff shall provide yearly training to the VA on re-usable pharmaceutical, medical waste, trace chemo waste, and pathology containers, classification and segregation of pharmaceutical waste for all collection points. The initial training shall be done in person. Follow-up training may be done with the aid of a DVD or another form of training.

B.17 SPILLS: When waste is spilled by the Contractor at any pick-up site, storage location, or during transport, the Contractor shall, at no additional charge to the Government, clean-up the spill in accordance with appropriate regulations listed in B4 above. In addition, the Contractor shall immediately make a verbal report to the COR as well as the GEMS Program Manager immediately in the event emergency measures need to be taken, followed by a written report within seven (7) business days. The written report shall include the following:

a. Spills by type and amount of waste

b. Certification spill waste was properly removed and disposed.

c. Identity of personnel exposed to spilled waste

d. Condition of personnel exposed to spilled waste

e. Description of cause

f. Corrective action and/or preventive measures

B.18 PAYMENT:

a. The Contractor shall charge only for the net weight of waste excluding weight for the containers. The Contractor shall be responsible for weighing containers. The Contractor shall ensure only scales calibrated and inspected in accordance with applicable state and federal regulations are used. The Contractor shall ensure the weight amount and tracking documentation are reflected on the invoices. The weight charge per container shall include the cost of cleaning re-usable containers.

36C26218R0241

b. Payment shall be made monthly in arrears upon receipt of an invoice prepared in accordance with Federal Acquisition Regulation (FAR) Part 52.212-4. Contractor's invoice shall include, as a minimum, the following: (1) Name of Business Concern, (2) Invoice Date, (3) Contract Number, (4) Purchase Order Number, (5) Obligation Number, (6) Description, Total Weight Collected by waste stream, Unit Price, (7) The number of re-usable waste containers turned (8) Healthcare facility were services were performed.

SECTION C - CONTRACT CLAUSES

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

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

C.1 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective period through expiration period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $70,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expiration date.

(End of Clause)

C.4 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.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause) C.8 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(End of Clause) C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

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

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

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

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

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

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

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

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

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

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

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

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

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

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

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

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

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

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

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

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

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

(End of Clause)

C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of California. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

(End of Addendum to 52.212-4) C.13 52.212-5 CONTRACT TERMS AND CONDITIONS…