36C26223R0042 - Amend 0001.docx

36C26223R0042

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26223R0042 01-24-2023 Alfreda Hunter 310-617-8271 02-22-2023

4PM

PST

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X

562211 $41.5 Million

N/A

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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

Medical Waste Pick up and Disposal of Regulated and Non-Regulated Medical Waste at VA Greater Los Angeles Healthcare System, 11301 Wilshire Blvd, Los Angeles, CA 90073 and VA clinics associated with, but not located on the main campus.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262, Alfreda Hunter 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 via Tungsten Network Submit Invoices Electronically to:

http://www.tungsten-network.com/us/en/

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

Page 1 of Page 1 of

B.2 SCHEDULE OF SERVICES AND PRICE:

ALTERNATE PRICING PROPOSALS WILL NOT BE ACCEPTED.

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 $4,500,000.00. 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.6 will be added through contract modification and through the contracting officer.

VAGLAHS (WEST LOS ANGELES)

BASE YEAR: 01 APRIL 2023 THRU 31 MARCH 2024

OPTION YEAR ONE (1): 01 APRIL 2024 THRU 31 MARCH 2025

OPTION YEAR TWO (2): 01 APRIL 2025 THRU 31 MARCH 2026

OPTION YEAR THREE (3): 01 APRIL 2026 THRU 31 MARCH 2027

OPTION YEAR FOUR (4): 01 APRIL 2027 THRU 31 MARCH 2028

SEPULVEDA CLINIC (SACC)

SEPULVEDA CLINIC (SACC)

SEPULVEDA CLINIC (SACC)

BAKERSFIELD CBOC

Installation of Containers

EACH

LOS ANGELES AMBULATORY CLINIC

SANTA BARBARA CBOC

SAN LUIS OBISPO CBOC

SANTA MARIA CBOC

SAN GABRIEL VALLEY CBOC

OPTION YEAR FOUR: 01 APRIL 2027 THRU 31 MARCH 2028

VENTURA CBOC

B.3 PERFORMANCE WORK STATEMENT (PWS):

The Department of Veterans Affairs Greater Los Angeles Healthcare System (VAGLAHS) has a requirement for a Contractor to provide hazardous and non-hazardous medical waste disposal services. The Contractor shall provide all management, labor, supervision, transportation, packaging, pick up and disposal of regulated medical waste, biohazardous waste, and pathological waste. The Contractor shall also provide containers with labeling, waste manifest and required reports and disposal of Resource Conservation and Recovery Act (RCRA) hazardous and non-hazardous pharmaceutical waste, medical waste, chemotherapy, and pathology tissue waste in accordance with all applicable state and federal regulations listed in section B.5. The Contractor shall label all containers in accordance with all applicable laws and regulations. The Contractor shall submit medical waste tracking documents, reports, and hazardous waste manifest to the Contracting Officer Representative (COR). The Contractor shall provide all installation of disposable RCRA Hazardous Pharmaceutical Waste Containers and installation of re-usable non-hazardous pharmaceutical waste, sharps, re-usable trace chemo waste containers, re-usable medical waste (“red bag waste”) containers, re-usable and/or single use medical sharps only containers, and re-usable and/or single use pathology, bio-hazardous, chemotherapeutic waste containers and dispose of their contents for the identified participating facilities. Containers shall be swapped out by the Contractor at the point of accumulation. 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

The contractor may propose substitution of one-time use (disposable) containers in lieu of re-usable containers if contractor is unable to supply re-usable containers for all waste streams other than RCRA waste.

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.

· VA Directive 0058, VA Green Procurement Program Policies and Procedures

· VA Directive 0063 Waste Prevention and Recycling Program

· VHA Directive 7708 – Pollution Prevention (P2) Program

· Executive Order 13423 Strengthening Federal Environmental, Energy, and Transportation Management

· EO 13693, Planning for Federal Sustainability in the Next Decade

Definition of a full container A full container is defined as any container that has reached a level that is 75 percent (75%) full The frequency of replacing a full container for an empty one will be determined by this measure.

B.4 The Contractor shall conduct an onsite assessment with the Contracting Officer Representative (COR) and designees to determine size, placement and location of medical waste containers, Sharps and or Pharmacy Waste Bins.

B.5 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.

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

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

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

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

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

5.6 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.

B.6 SERVICES SHALL BE FOR THE FOLLOWING FACILITIES:

The Contractor shall provide waste disposal services for the following facilities:

VA GLAHS

West Los Angeles Medical Center 11301 Wilshire Blvd.

Los Angeles, CA 90073 San Luis Obispo CBOC 1288 Morro Street, Suite 200 San Luis Obispo, CA 93401

Santa Maria CBOC 1550 East Main Street Santa Maria, CA 93454 Sepulveda Outpatient/Clinic CLC/Hospice 1611 Plummer Street Sepulveda, CA 91343

Los Angeles Ambulatory Care Center 351 E. Temple Street Los Angeles, CA 90012 Bakersfield CBOC 1801 Westwind Drive Bakersfield, CA 91343

Santa Barbara CBOC 4440 Called Real Santa Barbara, CA 93110 Ventura CBOC 5250 Ralston St.

Ventura, CA. 93003

San Gabriel Valley CBOC 7 West Foothill Blvd.

Arcadia, CA. 91006

VA clinics associated with, but not located on the main campus of the facilities identified in the table above may also require regulated medical waste pick up and disposal. 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. The Contractor shall provide services to those clinics at the prices established for those same services at the parent facility. A list of clinics currently requiring pick up and disposal of regulated medical waste is provided above. 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.7 CONTAINERS:

7.1 Non-RCRA pharmaceutical waste and Sharps waste, The Contractor shall supply a container (reusable or single-use) that is approved for use by the State. A one-time use (disposable) container may be substituted at the option of the contractor.

7.1.1 Re-Usable Container shall have the following specifications:

· features to deter retrieval of items placed into the container

· non-manual opening

· durability to process approximately 400 to 500 re-uses

· an automatic fill trigger that locks the container when it has reached the full level

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

· cart mount bracket for surgical and pharmaceutical dispensing application

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

· a foot pedal actuator as an option.

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

· a one-way flap (i.e. mailbox slot)

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

One-Time Use (alternative) Container shall have the following specifications:

· features to deter retrieval of items placed into the container

· non-manual opening

· an automatic fill trigger that locks the container when it has reached the full level

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

· cart mount bracket for surgical and pharmaceutical dispensing application

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

· a foot pedal actuator as an option.

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

· a one-way flap (i.e. mailbox slot)

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

8.1 Non-RCRA Trace Chemo Waste: The Contractor shall supply a container (reusable) (re-usable is defined as, a container that is compliant with the California Medical Waste Management Act (MWMA) for re-use.

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

· features to deter retrieval of items placed into the container

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

· an automatic fill trigger that locks the container when it has reached the full level

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

1. secure waste containers in YELLOW

1. contractor shall install disposable liner

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

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

· features to deter retrieval of items placed into the container

· non-manual opening

· an automatic fill trigger that locks the container when it has reached the full level

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

· a foot pedal actuator as an option.

· secure waste containers must be in a color YELLOW

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

8.2 Bio-Hazardous Waste (red bag waste): The Contractor shall supply a container (reusable or single use) (re-usable is defined as, a container that is compliant with the California Medical Waste Management Act (MWMA) for re-use).

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

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

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

1. an automatic fill trigger that locks the container when it has reached the full level

1. waste containers in RED

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

One-Time Use (alternative) Bio-Hazardous Waste Container shall have the following specifications:

· non-manual opening

· an automatic fill trigger that locks the container when it has reached the full level

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

· a foot pedal actuator as an option.

· 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)

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

8.4.1 Re-Usable Medical Sharps Containers shall have the following specifications:

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

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

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

1. an automatic fill trigger that locks the container when it has reached the full level

1. secure waste containers in RED

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

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

One-Time Use (alternative) Medical Sharps Container shall have the following specifications:

· features to deter retrieval of items placed into the container

· non-manual opening

· an automatic fill trigger that locks the container when it has reached the full level

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

· a foot pedal actuator as an option.

· 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 Sharps).

8.5 Pathology Waste:

8.5.1 Pathology Waste Reusable Containers shall have the following specifications:

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

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

1. an automatic fill trigger that locks the containers when it has reached the full level

1. Waste containers in RED

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

One-Time Use (alternative) Pathology Waste Container shall have the following specifications:

· non-manual opening

· an automatic fill trigger that locks the container when it has reached the full level

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

· a foot pedal actuator as an option.

· 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 (Pathology Waste Tissue).

8.6 Methadone one time waste containers – vendor to provide proof of destruction of waste – either with mail in returnable liner box or medical waste manifest.

· 18- or 38-gallon cardboard liner boxes for existing methadone waste containers – compatible with Sharps Compliance receptacles

· Service locations include methadone clinics

· Los Angeles Ambulatory Care Clinic. Methadone pharmacy – typical 1-2 pickups per month

· Sepulveda Ambulatory Care Clinic – Bldg. 10 pharmacy – 1 pickup a month

· West Los Angeles Bldg. 257 Methadone Clinic 1- pickup per month typical

B.9 CONTRACTOR SPECIFIC TASKS AT POINT OF ACCUMULATION:

The Contractor shall place containers at or near the source of waste generation (ex: within a pharmacy, on a medication or crash 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.

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

9.1.1 RCRA Sharps containers black quart containers – for some generators such as CBOCs and specialty clinics

9.2 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.

9.3 Contractor shall furnish approved waste containers and transport dollies in accordance with the California Department of Health.

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

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.

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

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 and prepare an annual waste stream report/survey at each facility. The report shall be provided to the COR no later than November 15 each year. 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.

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.10 REPORTS:

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

10.1 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 and compilation of statistics.

10.2 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. The Contractor shall provide a copy of each hazardous waste manifest to the COR at the time of shipment from the medical facility.

B.11 PERIOD OF PERFORMANCE:

The contract effective period shall be for a base year with the Government’s option to extend for four (4) one- year option periods.

B.12 PRICING:

The Government shall purchase initial reusable containers for installation from Contractor. Any additional containers required after initial installation, shall be at a price agreed upon by the Contractor and Contracting Officer, and a modification shall be prepared to pay for the additional containers.

B.13 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 of regulated medical waste generated and any storage restrictions specified in the regulations incorporated by reference in section B.6.

B.14 AUTHORIZED SERVICES:

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.

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

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

B.15 IDENTIFICATION BADGE-CHECK IN WITH VA SECURITY:

When on VA property, the Contractor personnel must comply with VA security regulations. Contractor personnel shall always wear a company I.D. Badge while on VA property. Contractor personnel shall check in with VA Security upon arrival to pick-up a VA I.D. Badge and upon completion of workday, Contractor personnel shall check-out with Environmental Management in building 218, room #300 with William McCloud or delegate. This process shall be a daily routine until the Contractor receives a VA issued Contractor badge(s). Contractor shall apply for VA Contractor badge(s) within 30 days from start of contract. The COR will assist Contractor personnel in obtaining a badge.

B.16 GOVERNMENT FURNISHED PROPERTY:

16.1 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.

16.2 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.

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

B.17 HOURS OF OPERATION:

Normal Work Hours: This contract is a full-service contract, Monday through Friday. Collection shall take place between the hours of 7:00 a.m. to 3:30 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.18 NATIONAL HOLIDAYS: The Contractor is not required to provide services on the following National Holidays, nor shall the Contractor be paid for these holidays:

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.19 PARKING:

19.1 Contractor shall park only in areas designated for contractor/employee personnel by the VA Police and Security Service personnel.

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

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

19.4 Should the Contractor personnel receive a citation for parking, speeding or other infraction, Contractor shall be solely responsible.

B.20 SMOKING POLICY:

Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA Directive 1085 dated March 5, 2019, it is VHA policy that all VHA healthcare facilities are smoke free.

B.21 SAFETY DATA SHEETS (SDS):

The Contractor shall provide their employees with immediate access to SDS for all hazardous substances.

B.22 CONTRACTOR EMPLOYEES:

22.1 The Contractor is responsible for the proper protection of his/her employees.

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

22.3 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.

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

22.5 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.23 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.24 SPILLS:

24.1 When waste is spilled by the Contractor at any pickup 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 Environmental Engineer 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:

24.1.1 Spills by type and amount of waste

24.1.2 Certification spill waste was properly removed and disposed.

24.1.3 Identity of personnel exposed to spilled waste

24.1.4 Condition of personnel exposed to spilled waste

24.1.5 Description of cause

24.1.6 Corrective action and/or preventive measures

B.25 INVOICING & PAYMENT: The Contractor shall submit in arrears a properly completed itemized invoice in accordance with FAR clause 52.212-4(g) Contract Terms and Conditions – Commercial Items via OB10 www.ob10.gov .

25.1. 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.

25.2. 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 where services were performed.

B.26 Quality Assurance Surveillance Plan (QASP) VAGLAHS – Regulated Medical Waste

1. Objective. The purpose of this plan is to provide a quality assurance surveillance plan for the service of regulated medical waste at VAGLAHS, located at 11301 Wilshire Blvd., Los Angeles, CA 90073.

This plan provides a basis for the Contracting Officer’s Representative (COR) to evaluate the quality of the Contractor’s performance. The oversight provided for in the contract and in this plan will help ensure that service levels reach and maintain the required levels throughout the contract term. Furthermore, this plan provides the COR with a protective way to avoid unacceptable or deficient performance and provides verifiable input for the required annual past performance evaluations.

1. Performance Standards

1. Quality Level. By monitoring the contractor, the COR will determine whether the performance levels set forth in the contract have been attained. Quality standards for all tasks are specified in the contract, Section B, Performance Work Statement.

1. Frequency. During performance of this contract, the COR will take periodic measurements (i.e., conduct surveillance), as specified, and will analyze whether the negotiated frequency of measurement is appropriate for the work being performed.

1. Management Responsiveness. The COR will determine whether the contractor has managed the contract efficiently and effectively, with successful and timely response to contract requirements as set forth in the contract, Section B, Performance Work Statement. The COR will confirm whether the contract has satisfactorily met all the requirements when applicable.

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the…