36C26218R0755-001.docx

36C26218R0755

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

36C26218R0755 08-24-2018

ALFREDA HUNTER

909-801-5788 09-14-2018

2:00 PM PST

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 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 Contractor shall provide Pick-up and Disposal of Hazardous and Non-Hazardous Medical Waste In Accordance With the enclosed Statement of Work and Schedule of Services and Price.

X X X Alfreda Hunter 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 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

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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

BASE YEAR: 01 OCT 2018 THRU 30 SEPT 2019

Re-Usable Sharps Containers

EA

Additional Re-Usable Sharps Containers After Initial Installation.

EA

Bio-Hazardous Waste (Red Bags)

LB

Chemotherapy Waste

Pharmaceutical Waste (INCLUDES CACTUS SINK/PHARMA LOCK CONTROLLED SUBSTANCE WASTE)

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. The following estimated quantities are provided for the base and each option year. Contractors shall complete this section in its entirety for all Healthcare System (HS) for which they bid and submit with the price schedule in section B.4.

OPTION YEAR ONE (1): 01 OCT 2019 THRU 30 SEPT 2020

MO

LBS

OPTION YEAR TWO (2): 01 OCT 2020 THRU 30 SEPT 2021

MO

OPTION YEAR THREE (3): 01 OCT 2021 THRU 30 SEPT 2022

OPTION YEAR FOUR (4): 01 OCT 2022 THRU 30 SEPT 2023

B.4 PARTICIPATING FACILITIES:

VA Long Beach Healthcare System Attn: Raymond Ricard (562) 826-8000 Ext 4666 5901 E. 7th Street Long Beach, CA 90822

VA Long Beach Healthcare System Anaheim CBOC Attn: Marilyn Kujala (714) 763-5300 2569 W. Woodland Drive.

Anaheim, CA 92801

VA Long Beach Healthcare System Santa Ana CBOC Attn: Pelavi Mandalia (714) 434-4604 1506 Brookhollow Dr.

Santa Ana, CA 92705

VA Long Beach Healthcare System Cabrillo CBCO Attn: Evelyn Dresser (562) 826-8000 Ext 8415 2001 River Ave., Building 28 Long Beach, CA 90810

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.

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B.5 PERFORMANCE WORK STATEMENT (PWS):

1. The Department of Veterans Affairs Long Beach Healthcare System (VALBHCS) requires 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, sharps and pharmaceutical waste and cactus and pharm lock controlled substances in accordance with all applicable Local, State and Federal Regulations and Joint Commission Standards (JCS) listed below. 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, 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.

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.

2. 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

1. VA Directive 0063 – Waste Prevention and Recycling Program

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

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

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

3. 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. 29 CFR 1910 Occupational Safety and Health Standards

8. California Code of Regulations, Title 22, Sections 46027 and 25160

9. California Administrative Code, Title 22, Division 4, Environmental Health Standards for Management of Hazardous Waste

10. 40 CFR Subchapter C, Hazardous Materials Regulations, Part 171 thru 179

11. Resource Conservation and Recovery Act (RCRA)

12. California Medical Waste Act 2015 (MWMA final 2015)

13. National Institute of Standards and Technology (NIST) 800-88 (NSA-EPL)

4. 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.

5. Re-Usable 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

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

6. 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

7. 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.

8. 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

9. 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

10. 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.

11. 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

12. 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

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

14. 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

15. 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

16. 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.

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

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

d. 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.

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

f. 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.

g. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

22. 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.

23. 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.

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

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

26. 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.

26. 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.

27. 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

28. 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.

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.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).