36C26318Q0342-000.docx

36C26318Q0342 FedBizOpps Combined Synopsis/Solicitation Notice

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ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE

(MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

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AGENCY'S URL

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AGENCY CONTACT'S EMAIL

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ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 S Service - Regulated Medical Waste -

MPLS

57741 36C26318Q0342 02-23-2018 N 562112 Department of Veterans Affairs Network 23 Contracting Office (NCO 23) Attention: Robert Gamble 113 Comanche Rd.

Fort Meade SD 57741 Department of Veterans Affairs NCO 23 - Minneapolis VAMC 1 Veterans Dr.

Minneapolis, MN 55417

USA

The Department of Veterans Affairs, Network 23 Contracting Office, Fort Meade, SD intends to award a contract in accordance with FAR Part 13. The North America Industry Classification System Code [NAICS] is 562112, Hazardous Waste Collection Services and the size standard is $12.5 million. This is a 100% Service Disabled Veteran Owned Small (SDVOSB) business set aside.

The Minneapolis Veterans Affairs Healthcare System (MVAHCS) has a need for Medical Waste Disposal in compliance with State and Federal EPA guidelines. Currently the MVAHCS generates approximately 230,000 lbs of infectious medical waste (including needles) per year and approximately 2,000 lbs of pathological waste per year. Medical Waste Disposal consists of physically collecting and disposing of infectious and pathological wastes, including needles, on a regularly scheduled basis, to be mutually determined by provider of service and the MVAHCS. Quantities indicated in the schedule of items are estimated.

The Government intends to make a single award with a period of performance of approximately February 28, 2018 through February 27, 2019 with four (4) one year option periods to be exercised at the Government’s discretion.

The solicitation is scheduled to be issued on or about February 15, 2018 and will be issued via Fed Biz Opps Electronic Posting System at http://www.fedbizopps.gov. Offerors are responsible for checking the web site regularly to obtain amendments. Questions regarding this solicitation must be in writing to be received no later than 10 AM local time, February 20, 2018. Questions may be sent by email to: Robert.gamble@va.gov. No telephonic inquiries will be accepted.

Vendors are reminded that representatives from their company SHALL NOT contact VISN 23 personnel to request this RFQ during this solicitation process. All questions and concerns regarding this solicitation shall be directed to the Contracting Officer.

All responsible sources may submit a response, which if timely received, will be considered by The Department of Veterans Affairs, NCO23, Fort Meade, SD. This synopsis is for notification purposes only and does not constitute a solicitation for bids or proposals. Quotes must be signed and submitted in writing approximately February 23 , 2018 at 11:00 AM local time; be in accordance with the solicitation instructions outlined in the solicitation; and be timely. No web based proposals or faxes will be accepted.

ALL DATES ARE TENTATIVE AT THIS TIME. Firm dates will be established and will be accurately shown on the issued Request for Proposal.

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. FA

R 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

618-18-2-6133-0006 36C26318Q0342 02-15-2018 ROBERT GAMBLE (robert.gamble@va.gov) 605-347-2511-7815 02-23-2018

10:00 AM MST

36C568 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE (NCO 23)

113 COMMANCHE ROAD

ATTENTION:

Robert Gamble Fort Meade SD 57741 X X Y 562112 $12.5M X N/A X 36C568 Department of Veterans Affairs NCO 23 - Minneapolis One Veterans Drive, Building 70 Minneapolis MN 55417 36C568 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE (NCO 23)

ATTENTION: Robert Gamble

113 COMMANCHE ROAD

FORT MEADE SD 57741

Y Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 Regulated Medical Waste Removal See Price and Cost Schedule As Cited on Each Delivery Order X X X

Page 1 of 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: INSERT FIRM NAME, ADDRESS, PHONE, DUNS, TAX ID, GOVERNMENT CONTRACT NUMBER HERE

DUNS# ____________________

b. GOVERNMENT: Robert Gamble, Contract Specialist Department of Veterans Affairs VA Black Hills HCS Fort Meade Campus 113 Comanche Rd.

Fort Meade SD 57741

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 INVOICES: All invoices from the contractor shall be submitted electronically per 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) enclosed in section C of this document. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

a. Under this contract, unless otherwise delegated in writing to the Contracting Officer’s Representative (COR), the Contracting Officer is the only person authorized to approve changes or modify any of the requirements. The contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes which will affect price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction ,of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer is responsible for the overall administration of the contract.

b. Representatives of Contracting Officers in accordance with VAAR 852.270-1, January 2008: The Contracting Officer reserves the right to designate representative(s) to act for him/her in furnishing technical guidance and advice or generally supervise the work to be performed under this contract. Such designation will be in writing and will define the scope and limitations of the designee's authority. A copy of the designation shall be furnished to the contractor.

QUOTERS MUS T COMPLEATE AND RETURN ALL INFORMATION DESIGNATED IN 52.212-1, INSTRUCTIONS TO QUOTERSS- COMMERCIAL ITEMS, PARAGRAPH b TO Robert.gamble@va.gov PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

Date of Award – 5 Years

ITEM INFORMATION

ITEM INFORMATION

FIRST OPTION YEAR

As Determined from Date of Award

ITEM INFORMATION

SECOND OPTION YEAR

As Determined from Date of Award

ITEM INFORMATION

THIRD OPTION YEAR

As Determined from Date of Award

ITEM INFORMATION

FOURTH OPTION YEAR

As Determined from Date of Award

ITEM INFORMATION

GRAND TOTAL

B.3 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.

STATEMENT OF WORK

REGULATED MEDICAL WASTE REMOVAL

The Minneapolis Veterans Affairs Healthcare System (MVAHCS) has a need for hauling, treatment and disposal of Regulated Medical and Pathological Waste (RMPW). Currently the MVAHCS generates approximately 230,000 lbs of RMPW (including needles) per year and approximately 2,000 lbs of pathological waste per year.

RMPW Disposal consists of physically collecting, treatment and disposal of infectious and pathological wastes, including needles, on a regularly scheduled basis, to be mutually determined by provider of service and the MVAHCS.

SPECIFICATIONS/REQUIREMENTS

1. Quantities indicated in the schedule of items are estimated. The MVAHCS makes no commitment concerning the minimum or maximum poundage of waste, which will be required for disposal by the Contractor. The amount of services requested from the Contractor will be determined solely by the MVAHCS.

a. Contractor will provide a certifiable weighing system to enable proper billing for waste poundage disposed; i.e., if the disposal container weighs 14 pounds and Contractor is to dispose/haul 10 containers, each container will be weighed and container total weight (140 pounds) is subtracted from the gross weight to determine total waste poundage to be paid.

2. Rates are all inclusive of containers, vehicle(s), and the services of qualified vendor. Also included is delivery, set-up, disinfection of equipment or any other services called for by this solicitation.

3. The hospital's RMPW, including needles, is to be treated prior to disposal by means of incineration, autoclaving or acceptable disposition as regulated by commissioner of Minnesota Pollution Control Agency (MPCA), and is waste which originates from the diagnosis, care and treatment of patients that have been or may have been exposed to a contagious or infectious disease, or immunization or in the production or testing of biologicals.

COMPLIANCE

4. Contractor will comply with all federal, state and local regulations, including:

a. Minnesota Infectious Waste Statutes and Rules administered by the MPCA.

b. Regulated waste under the Federal Bloodborne Pathogens standard (BBP) found at 29 CFR 1910.1030 and administered by the Minnesota Department of Labor and Industry, Occupational Safety and Health Division (MNOSHA)

c. Regulated medical waste under the Federal Hazardous Materials Regulations (HMR) found at 49 CFR 173.134, administered by the U.S. Department of Transportation (DOT). This includes any laws in other states that are applicable to the transportation of infectious waste across state lines

d. Guidelines required by Center for Disease Control (CDC).

e. Guidelines required by EPA

f. Other applicable regulating agencies

DECONTAMINATION

5. Preferred method of treatment of Regulated Medical Waste is by means of autoclaving, but other decontamination methods that have been approved by the commissioner of MPCA will be accepted.

a. Offsite decontamination of infectious waste by autoclaving must be achieved in the following manner:

i. Infectious wastes must be autoclaved at 250 degrees Fahrenheit at 15 pounds per square inch of gauge pressure for one hour or at least equivalent settings.

ii. Loading of infectious waste must not exceed the design capacity of the autoclave.

iii. An operating log for each load of infectious waste decontaminated must be kept onsite for three years and must contain the date, time, temperature, pressure and operator name.

b. Waste may not be compacted or mixed with other waste materials prior to destruction and disposal.

c. Contractor's RMPW waste disposal facility will meet all MPCA, MDH, OSHA, CDC, EPA and DOT requirements for operation.

6. Required method of treatment of Pathological Waste is by means of incineration at approved Hospital/Medical/Infectious Waste Incinerator (HMIWI) location.

a. Contractor's medical waste incinerator facility will have a capacity 500 pounds/hour or greater. He/she is required (with any size contract waste incineration operation) to have or obtain an air emissions facility permit for installation and operation of the incinerator. Incinerator must be of a controlled-air design unless the permittee conducts performance testing while combusting medical waste on alternate types of incinerators. Operating requirements, emission limits and monitoring for existing or new facilities will be in accordance with interim recommendations as adopted by the Minnesota Pollution Control Agency (MPCA). Incineration must effectively reduce the waste volume by 90%, effectively combusted for an adequate period of time under proper temperature and oxygen conditions to minimize toxic emissions; scrubbers and bag houses are recommended to further reduce particulate emissions. Ash from medical waste incinerators shall be disposed of in a permitted sanitary landfill.

b. Waste may not be compacted or mixed with other waste materials prior to destruction and disposal.

c. Contractor's HMIWI facility will meet all MPCA, MDH, OSHA, CDC, EPA and DOT requirements for operation.

CONTAINERS

7. Preferred containers for MVAHCS use are 32-gallon capacity plastic containers or equal, with lids and handles, suitably protected from leakage during use and transport. Contractor must provide two different colors, red and yellow (red for RMPW waste and yellow for pathological waste).

a. Contractor will provide the following amount of containers for initial installation

i. One Hundred (100): 32-gallon or equal red containers, lined with red plastic bag

ii. Five (5): 32-gallon or equal yellow containers, lined with red plastic bag,

b. Contractor will provide the initial quantity of containers as needed and will exchange a clean, disinfected container lined with red plastic bag, for each filled container, picked up daily, five to six days a week. Approximately 25-30 containers per weekday will need to be swapped out with new ones.

c. Containers will be lined with red plastic bag and have tight-fitting lid. In addition, they must be:

i. Reusable

ii. Puncture resistant

iii. Pre-Assembled

iv. Leak proof on the sides and bottom

v. Able to secure lid onto container for storage/transportation

vi. Able to be disinfected

vii. Labeled or color-coded in accordance with OSHA Bloodborne pathogens standard

viii. Lined with new plastic liner

d. MVAHCS employees will distribute containers to the using sites and return them to the hazardous waste storage area (BP102-70).

TRANSPORTATION AND VEHICLE

8. Vendor will assure all transportation and vehicle processes are compliant with DOT, MPCA, EPA and other applicable federal, state and local regulatory agencies.

9. Vendor to avoid mechanical loading devices which may rupture packaged waste; use leak-proof vehicle and appropriate means to prevent, tip-overs, scattering, spillage or fall-offs during transport. Label transport vehicle with universal biohazard symbol; transport vehicle will not be left open nor unattended.

10. Contractor will provide, at no cost to the employee, appropriate personal protective equipment such as, but not limited to, gloves, gowns, laboratory coats, face shields or masks and eye protection, and mouthpieces, resuscitation bags, pocket masks, or other ventilation devices. Personal protective equipment will be considered "appropriate" only if it does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the protective equipment will be used.

11. Contractor must obtain all necessary permits and/or licenses regarding the pickup and incineration and/or other acceptable disposition as regulated by State and Federal EPA Guidelines for infectious medical waste. The contractor/transporter agrees to hold the Government harmless for any negligence of contractor/transporter or his/her employees who may wholly or individually be liable for improper disposal during the performance of this contract.

12. The Government retains the right to unilaterally terminate resultant contract in the event that a contractor/transporter engages in any form of improper waste-disposal practices.

LOCATION OF PICK UP POINT:

13. All infectious medical waste containers will be picked-up, removed, and destroyed daily from Building 70, room BP-102, Monday through Saturday of each week of the contract year. Offerors who are not able to pick up on Saturday must state in their proposal how they will cover the needs of the medical center. Statement could include early pick up on Monday and late pick up on Friday, with additional barrel supply delivered on Friday.

a. A preferred pickup schedule is before 8:00 a.m. or after 4:00 p.m. at a regularly scheduled time(s) each day. This is to prevent interruption of warehouse shipments and deliveries. There shall be no pickup charges separate from line item charges.

b. CONTRACTOR'S PROPOSED PICKUP SCHEDULE:

MONDAY ___________________

TUESDAY ___________________

WEDNESDAY ___________________

THURSDAY ___________________

FRIDAY ___________________

SATURDAY ___________________

INSPECTIONS:

14. The Contractor will permit on-site visits by VA personnel to assess contracted services, i.e., capabilities, compliance with contract requirements, record keeping, etc.

a. Inspection by the VA Inspection Team and/or Safety Engineer, may be made of the establishment facilities, vehicles and equipment, and maintenance records of vehicles and equipment anytime during the term of the contract.

b. The right is reserved to thoroughly inspect and investigate the establishment facilities, vehicles, business reputation and past performance history and other qualifications of any Offeror and to reject any offer, irrespective of price, if it shall be administratively determined lacking any of the essentials necessary to assure acceptable standards of performance.

DOCUMENTATION/REPORTS:

15. Contractor is responsible for providing detailed RMPW shipping papers of all infectious medical and pathological waste transported from the MVAHCS to include:

a. The date RMPW was collected

b. Proper United Nations (UN) code, UN3291, Regulated Medical Waste, n.o.s., 6.2, PG II

c. Container size, quantity and weight/ volume picked up

d. Number of containers delivered to customer

e. Designated Treatment Facility with Alternate Designated Facility

f. 24 hour emergency phone number

g. At minimum, signature fields for Generator, Transporter and Treatment/Destruction must be dated and signed clearly

h. Shipping papers must be in hard-paper form and must accompany the RMPW loads in hard-paper form.

16. A copy of the RMPW shipping papers must be left with the Contracting Officer Representative (COR) or his designee on the day of collection. The contractor is required to provide a signed and legible manifest attesting to the destruction of the infectious medical waste is to be provided to the Director, Environmental Management Service within 30 days of the destruction of the medical waste.

17. All RMPW Shipping papers will be DOT compliant

18. Contractor will submit monthly report by category to the COR on RMPW poundage disposed of.

19. Offerors are required to furnish the following information:

i. A copy of permit for the disposal facility. Additionally, the Contracting Officer may require details about the facility's compliance record.

j. Furnish/identify back-up disposal facilities in the event that the primary facility is unavailable for any reason.

k. Current waste transporter permit(s) the contractor and subcontractors

l. List of all transfer stations, treatment, storage and disposal facilities (TSDFs) including HMIWI and treatment facilities that shall be utilized during this contract to include the capacity of these facilities and the waste streams they are permitted to accept by treatment technology. Address, phone number and other contact information shall be provided. The VA reserves the right to inspect each of these facilities before approving its use or at any time during or after contract period while VA wastes are present.

m. Copy of Operator permit(s)

n. Provide the contractor’s/subcontractor experience in regulated medical waste packaging, transport, and disposal.

i. Certificates of training and experience of contractor/subcontractor staff and/or personnel who will perform site work under this contract (all technicians that will work on VA premises will be expected to have received at least the minimum training required by law as specified in 29CFR 1910-120, 40 CFR Parts 260-265 and 49 CFR Parts 171-178).

ii. Provide information identifying any proposed subcontractors and identifying services to be performed by the subcontractors. Contractor must submit evidence that subcontractor is qualified and legally able to provide services. (ALL subcontractors must be approved by the facility and Contracting Officer prior to performing any duties under this contract). The Government reserves the right to prohibit the contractor from employing the services of a subcontractor who does not possess the ability to satisfactorily perform in accordance with the provisions of this solicitation. The use of a subcontractor or subcontractors, does not relieve the contractor any requirements set forth in this solicitation The contractor is responsible for ensuring that any subcontractor(s) perform in accordance with the terms and conditions of this solicitation Subcontractors will also comply with (j) of this section.

o. Provide a copy of US EPA identification number(s) certificate for each business entity operated or contracted by the contractor that will provide service regarding any aspect of VA waste disposal program (i.e. storage, transfer, incinerator sites).

p. Provide written acknowledgement of responsibility for acquisition of all applicable business licenses and permits required by law. Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits.

q. Provide a list of any violations and/or citations that the contractor and subcontractors have received for non-compliance with any hazardous waste laws, permit requirements, and/or OSHA requirements for the past three years from the date of submission. Contractor shall include information on all related business entities including associated firms that are owned by the contractor or owned by a common parent company that will be involved in any portion of the processing of VA waste disposal program. If no discharge or violations have occurred, contractor must provide a statement that certifies no discharges or violations have occurred.

r. Provide a plan describing Standard Operating Procedures (SOPs) that will be followed while conducting normal regulated medical waste management activities. The contractor shall describe:

1. Site safety and contingency procedures (e.g. spill management).

2. Operational procedures and site management structure.

3. Supplies and equipment practices.

4. Packing procedures.

5. Quality assurance and quality control procedures to ensure materials are properly identified, categorized, and packaged, and paperwork is properly completed.

6. Procedures for gaining waste acceptance into a transfer/ disposal facility.

7. Contractor and project management procedures.

s. Provide the following information regarding the waste fleet owned and operated by the contractor.

1. Basic description of transportation services offered and capabilities.

2. Fleet description of number, types, and ages of vehicles.

3. Description of service and maintenance programs.

4. Types of materials licensed to haul.

5. Latest DOT or MCS rating (include a copy of the last inspection).

6. The DOT/MnDOT compliance record.

7. Description of driver qualifications including training programs, and experience.

8. Provide evidence that background checks have been performed on all employees that will perform any duties under this contract.

t. Provide the following information on the contractor's emergency response (ER) capabilities (or any changes to original submission):

1. Contractor's ER policies.

2. ER capabilities and experience and limitations.

3. Type of ER equipment maintained (specify if owned or subcontracted and from whom).

4. Personnel availability, training and experience.

5. Contractor's emergency response procedure shall describe:

a. How to request an emergency response.

b. How the contractor notifies personnel and initiates response action.

c. Incident command procedures followed by the contractor.

d. ER work practices.

e. ER protection of health and safety practices.

f. ER invoicing policy.

u. Provide a list of names, titles, addresses, telephone numbers (including cellular), pager/beeper numbers, facsimile numbers and e-mail addresses of key managers, supervisors, customer service and field service personnel performing under this contract.

v. Provide a single point of contact for each facility with backup.

PAYMENT

20. Invoices shall be submitted monthly and in the ORIGINAL ONLY, unless otherwise specified, and shall contain the following information: contract number, order number, item(s) number(s), description of services, sizes, quantities, unit prices, date of services and extended totals.

21. One invoice total is required per billing cycle, but with itemized services specified.

22. Invoices will be mailed to:

VA FSC

23. Prior to payment, the accuracy of each invoice will be certified by the Contracting Officer's designated representative.

ADDITIONAL INFORMATION

24. This contract for RMPW disposal does not provide access to VA systems or to VA sensitive data. Access to data may be possible due to labels on bottles, but the data is not given as part of the contract.

25. No BI required

26. No Security requirements.

27. No BAA requirements.

28. Prior to start of work contractors, to be performing pick up/ delivery of containers and wastes, must obtain VA issued identification badges.

a. Two forms of valid identification will be required of these personal. Acceptable valid identification are:

END – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

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36C26318Q0342

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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…