36C26324Q0301_2.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

636-19-2-1115-0001

36C26324Q0301 03-25-2024

Scott Morrison scott.morrison2@va.gov 605-336-3230 03-29-2024 3:00pm CDT

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 x

562111

$47 Million

N/A

X

Sioux Falls VA Health Care System 2501 W 22nd St.

Sioux Falls SD 57105

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 https://www.fsc.va.gov/einvoice.asp Department of Veterans Affairs Financial Services Center Via The Tungsten Network Refer to VAAR Clause 852.232-72

See CONTINUATION Page

The Sioux Falls VA Health Care System, Sioux Falls, SD requires Trash Removal and Recycling Service. See the statement of work listed below.

This solicitation implies that a firm fixed price service contract will be established that contains a base year and four each (12 month) option years as specified in the price/ cost schedule listed below.

Department of Labor Wage Determination WD 15-5369 applies to services performed via this document.

See the attached Wage Determination Document.

Base Year period of performance 05/01/2024 - 04/30/2025 Option Year 1 05/01/2025 - 04/30/2026 Option Year 2 05/01/2026 - 04/30/2027 Option Year 3 05/01/2027 - 04/30/2028 Option Year 4 05/01/2028 - 04/30/2029

See CONTINUATION Page 438-3640162-1535-856700 2660 0100561Z7 438-24-3-1535-0007

X X x ONE

Scott Morrison

36C26324Q0301

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 33

C.7 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(OCT 2019)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 36

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

C.13 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV

2023)

C.14 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.15 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)…………74

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 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] INVOICING SHALL TAKE PLACE ONCE PER MONTH, ADDITIONAL INVOICES SHALL BE COORDINATED WITH THE COR PRIOR TO SENDING

MORE THAN ONE INVOICE. NO INVOICE SHALL EXCEED APPLICABLE DOLLAR VALUES

CITED IN THE PRICE SCHEDULE LISTED BELOW AND ANY APPLICABLE CONTRACT

MODIFICATION(S).

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.

Tungsten Electronic Invoicing System

VA Tungsten Number is: AAA544240062 va.registration@tungsten-network.com

Refer to VAAR Clause 852.232-72

5. INVOICING INSTRUCTIONS:

In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

• Name and Address of Contractor

• Contractor’s Invoice Date and Invoice Number

• Contract Number, Task Order Number, and/or Purchase Order Number

• Date(s) of Service

• Cost of service, i.e., hourly rate, quantity, job cost, trip, etc.

• Total price

Electronic Invoice Submission Method. Invoice(s) shall be electronically submitted through the Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veterans-affairs/.

The VA-FSC pays all associated transaction fees for VA orders.

The Tungsten direct vendor support number is 877-489-6135 for VA contracts. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA- FSC. This process can take up to five (5) business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. https://www.tungsten-network.com/us/support/’. The VA-FSC pays all associated transaction fees for VA orders.

For additional information, please contact:

• Tungsten Support, Phone: 1-877-752-0900, Email: va.registration@tungsten-network.com

• Department of Veterans Affairs Financial Service Center, Phone: 1-877-353-9791, Email:

vafscched@va.gov

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

AMENDMENT NO DATE

STATEMENT OF WORK

WASTE AND RECYCLING REMOVAL SERVICES

DESCRIPTION OF SERVICES

The contractor shall provide all labor, management, equipment, supplies, transportation, applicable licenses and permits, and other items and services necessary to perform Waste and Recycling Removal Services for the removal and disposal of the following:

- seven (7) (Contractor provided) 3 cubic yard ergonomic front-loading containers,

- one (1) (Contractor provided) 2 cubic yard ergonomic front-loading container.

- one (1) (Contractor provided) 8 cubic yard container

- one (1) (Contractor provided) 20 cubic yard container

- two (2) (Contractor provided) 30 cubic yard containers.

- three (3) (Contractor provided) 64 or 65-gallon residential containers

- one (1) (VA-owned) 40 cubic yard San-I-Pak container

All containers are positioned at various locations at the Department of Veterans Affairs Sioux Falls VA Health Care System (VAHCS), 2501 W. 22nd Street, Sioux Falls, SD 57105. The Contractor shall perform to the standards in the contract as well as all local, state, and federal regulations. All landfill fees shall be paid by the Contractor.

The Waste and Recycling Removal Services encompass refuse and trash collection, transportation, and disposal. It is the Contractor’s responsibility to clean up and remove any debris that has fallen from any containers while the exchange is being made. Upon notification by the Contracting Officer or the Contracting Officer’s Representative (COR), the Contractor shall perform emergency refuse and trash removal in areas covered under this contract. All work shall be performed during normal business hours of the Sioux Falls VAHCS unless otherwise noted.

Period of Performance

Base Year: 05/01/2024 to 04/30/2025 Option Year I: 05/01/2025 to 04/30/2026 Option Year II: 05/01/2026 to 04/30/2027 Option Year III: 05/01/2027 to 04/30/2028 Option Year IV: 05/01/2028 to 04/30/2029

1. COLLECTION REQUIREMENTS

1.1 Remove Refuse and Trash: The Contractor shall perform general removal of refuse and trash for the areas identified below. Contractor’s responsibilities shall include, but not be limited to, the removal and disposal of all-natural refuse and trash and to clean up and remove any debris that has fallen from any containers while the exchange is being made.

The pick-up area must be left in a clean and sanitary condition. All refuse and trash hauled by the Contractor shall be contained, tied, or enclosed to prevent leaking, spilling, or blowing.

Contractor shall dispose of all refuse and trash at an off-site location or landfill in accordance with local, state, and federal regulations and procedures. Collections must be made in Contractor’s containers, unless otherwise noted, which must be fully enclosed, leak-proof, fire-retarding, and kept clean. The contractor shall have sufficient personnel, licensed vehicles with appropriate permits, and expendable and durable goods to perform the duties required without additional support from the VA.

a. Ergonomic Front-Loading Containers (“Dumpsters”) and Residential Containers. The Contractor shall furnish five (5) 3-cubic yard and one (1) 2-cubic yard ergonomic front-loading containers, and three (3) 64 or 65-gallon Residential Containers. Containers will be low in the front and high in back (for easier access) and have lids that prevent access for moisture and rodents.

Ergonomic Front-Loading Containers (“Dumpsters”) & Residential Containers

Location Number of Weekly Pickups

Collection Days

Bldg. T15 – Child Daycare (2 cubic yard container)

1 See Notes #1, 2, 3, and 7

Bldg.1 – Tower/ West Entrance (3 cubic yard container)

2 See Notes #1, 2, and 3

Bldg. 5 – Warehouse (3 cubic yard container

2 See Notes #1, 2, 3, 4, and 5

Bldg. 8 – Laundry (3 cubic yard container)

2 See Notes #1, 2, and 3

Bldg 38 – Regional Bldg. (3 cu yd container on wheels)

2 See Notes #1, 2, 3, and 6

Bldg 28 – Research (3 cubic yard container)

2 See Notes #1, 2, and 3

Bldg 16 – Telehealth/HBPC (64 or 65-gallon residential container)

2 See Notes #1, 2, and 3

Bldg 17 – Engineering (64 or 65-gallon residential container)

2 See Notes #1, 2, and 3

Bldg 53- Outpatient Mental Health (3 cu yd container on wheels)

2 See Notes #1, 2, 3, and 6

Bldg 54- Hospice Cottage (3 cu yd container on wheels)

2 See Notes #1, 2, 3, and 6

NOTE:

1. Collection weekly schedules are negotiable but need to be approved by the Contractor and the COR prior to starting. All pickups shall occur during the weekdays.

2. Collection times must be agreed upon by both the Contractor and the COR prior to starting.

3. Container sizes are subject to change depending on the needs of the facility and/or the schedule(s) of collection.

4. Container must be rolled outside of warehouse to be emptied.

5. Container may need to be non-ergonomic to meet the space requirements of the warehouse.

6. The dumpster located by Bldg 38, Regional Office, must be rolled to the parking lot and loaded into the truck. The truck cannot be backed up next to the building where the dumpster is located because truck exhaust fumes will enter the building through the air intake system.

7. Container will be scheduled to be picked up one day per week and be on-call for additional pickups. Contractor will have forty-eight (48) hours, or two (2) business days, to complete the on-call pick-up unless otherwise agreed upon with the COR in which services can be performed in conjunction with the pickups of the other 3 cubic yard containers or 64 or 65-gal residential containers to minimize additional cost.

b. Roll-Off Containers. The Contractor will furnish one (1) 8-cubic yard roll-off container for disposal of single-stream recyclables, one (1) 20-cubic yard roll-off containers for disposal of yard waste, and one (1) 30-cubic yard roll-off for disposal of construction recyclables.

Roll-Off Containers

Location No. of Weekly

Days

Location: Recycling Center

Single-Stream Recyclables (8 cubic yard container)

3 Mon-Wed-Fri

See Notes # 1, 2, 3, and 4

Location: Boiler Plant

Yard Waste (20 cubic yard container) to include grass trimmings, tree branches, soil, etc.

On Call See Notes # 4, 5, and 6

Location: Boiler Plant

Construction Recyclables (2ea 30 cubic yard container) to include scrap metal, wood, furniture, etc.

On Call See Notes # 4, 5, and 6

1. The Contractor will provide a cover for the single-stream recyclables container that will ensure the contents remain dry.

2. The Contractor will transport Single-Stream Recyclables to a City of Sioux Falls approved Single-Stream Recycling Center.

3. Collection times must be agreed upon by both the Contractor and the COR prior to starting.

4. Container sizes are subject to change depending on the needs of the facility and/or the schedule(s) of collection.

5. Containers will need to be emptied on an “on call” basis. Contractor will have forty-eight (48) hours, or two (2) business days, to complete the on-call pick-up unless otherwise agreed upon with the COR.

6. The Contractor will provide an appropriate cover over the top of the roll-off if required by local, state, and/or federal regulations.

c. Additional Recycling. The contractor will pick-up both standard and non-standard sized pallets regardless of serviceable condition.

Additional Recycling

Building Number No. of Bi- Monthly

Days/Times

South side of Building 11 near roll-off containers

See Note

The Contractor will, at a minimum, pick-up the pallets twice per month (once in the first half and again in the second half of the month). Based on an average for calendar year 2017, there are approximately 130 pallets in good condition per month. The pickup will occur during normal business hours on a non-holiday weekday.

d. San-I-Pak Sterile Compactor Removal. The Contractor will provide pick-up of a VA-owned 40-cubic yard container from the San-i-Pak Sterilizer Compactor located on the south end of Building 11 (Boiler Plant). The Contractor will pay landfill costs.

Based on an average for calendar year 2017, there is 4.3 tons of waste in compactor for each pull.

San-I-Pak Container

Building Number No. of Weekly

Days/Times

Building 11 San-i-Pak/Boiler Plant

(VA-owned 40 cubic yard container)

1 Fri

The Contractor will arrive Friday mornings between the hours of 8:15am to 10:00am. Once on station, the Contractor must complete this service within three

(3) hours, from pickup to return. In the event of accidental spillage during the compactor removal process, the VA will be responsible for cleaning up the immediate area. The contractor will be responsible for employees having appropriate PPE during the disposal process at the landfill. There will be no weekend or holiday pickups. If Friday is a Federal Holiday, pickup on the preceding Thursday morning or the following Monday morning will be required which will be coordinated ahead of time between the Contractor and the COR.

1.2 Classification of Refuse and Trash. Examples of refuse and trash to be disposed include the following:

• Combustible and non-combustible materials.

• Vegetation such as leaves, branches, uprooted shrubs, and trees.

• Inert environmental refuse and trash such as dirt, mud, rocks, and sand.

• Construction refuse and trash such as asphalt, blinds, brick, carpet, concrete, drywall, electrical wires, lamps, glass, insulation materials, copper, steel, aluminum, tile, pipe, plastic, vinyl, and wood.

• Personal items such as books, papers, clothing, and cooking utensils.

• Household or office items such as appliances, furniture, and telephones.

• Food remnants and edible or non-edible garbage but not limited to coffee grounds, tea leaves, egg shells, banana peels, citrus fruit rinds, onion hulls, table scraps, and similar materials.

• Miscellaneous Trash such as paper, wrappings, cartons, metal, glass, floor sweepings, wastepaper, lumber, non-repairable wooden items and construction debris.

• This is a firm fixed price contract. Ensure the pickup schedule is sufficient to prevent any overflows.

1.4 Inclement Weather Schedule. The Contractor shall collect refuse material during periods of inclement weather. In cases of severe weather, the CO or COR may authorize reasonable exceptions. When exceptions are granted, the Contractor shall make up all missed collections within 24 hours after the severe weather has terminated, unless the CO or COR authorizes additional time. The Contractor shall make reasonable efforts to resume regular service as soon as possible.

1.5 Points of Collection. The Contractor shall position bulk containers for customer ease in depositing refuse. This may require repositioning of containers from time to time. The Contractor shall also position containers to minimize interference with adjacent parking areas, sidewalks, roadways, overhead utilities, trees, and other potential obstructions. The COR shall authorize placement of bulk containers. The Contractor shall reconnect the holdback chains that are installed for the 2 or 3 cubic yard container locations to prevent accidental movement or ensure the casters are locked (if installed).

1.6 Government-Approved Containers. Collection of trash and garbage in all areas shall be from Contractor-provided, Government-approved containers, unless noted otherwise. Containers will be rat-proof, fire retarding, and leak proof. Containers shall have easily closeable lids.

Containers shall be maintained in an acceptable appearance, including finish free excessive of rust, holes, dents, etc.

1.7 Appearance and Washing of Contractor Furnished Containers. All Contractor-owned containers will be clean and sanitary in appearance. There shall be no large cosmetic damage to these containers. Contractor is to wash Contractor-owned containers upon request of the COR, but not more than twice a month. Dumpsters may be washed on site with a pressurized washing unit in a method acceptable to the COR. Dumpsters may be removed from the site for washing if Contractor prefers, but substitute containers must be furnished during this time. Contractor-owned containers are to be sprayed with approved insecticide and deodorant after each washing.

When dumpsters are washed on the VAMC grounds, the Contractor will not allow any liquid to run out of the trash hopper onto the road or grounds. The Contractor will immediately clean up any accidental spills. In the event that it is determined by the Contracting Officer that the unit requires additional cleaning and/or maintenance, the contractor will provide this service at no additional cost to the VAMC.

1.8 Maintaining Containers and Collection Areas. The Contractor shall return the containers to their original location after servicing, in an upright position with the lids securely in place (closed). The Contractor will also be responsible for immediately cleaning up any spills, debris, etc., which may occur during servicing or disposal of containers while on VA campus. All refuse on the ground within fifteen (15) feet of the container, whether spilled by the Contractor or placed there by VAMC personnel, shall be picked up by the Contractor during collection. The Contractor shall collect debris placed at collection stations; for example, tree branches, sacks, cartons, boxes, cans, tied bundles, or other containers. The Contractor will be responsible for keeping collection areas free of refuse and debris. In the event of leakage or liquid spills while on VA campus, the Contractor will be responsible for cleaning up either through washing, using a granular (kitty litter type), or absorbent pads. At no time will the Contractor apply chemicals to any spills without prior approval from the COR.

2. DISPOSAL:

2.1 Off-Site Disposal. Disposal shall be in accordance with existing local, state, and federal regulations. The Contractor must use an Environmental protection Agency (EPA) approved and licensed off-site landfill for disposal of all solid waste and submit appropriate certificate validating compliance to this requirement. The Contractor shall be responsible for any permit or fees associated with the use of off-site disposal locations.

2.3 Equipment Maintenance. The Contractor shall maintain all Contractor-owned containers ensuring they are free of unpleasant odors, dirt, debris, and pests. All containers must remain in good, workable condition. They must remain easily accessible to customers. The Contractor shall perform all cleaning, painting, repair and other maintenance tasks as described in paragraph

1.8 and 1.9. Trucks and trailers used for hauling and collecting shall be washed as required to ensure they are free of odor, dirt, debris, and pests. The contractor shall correct reported deficiencies and report back to the COR within twenty-four (24) hours after notification.

3. GENERAL INFORMATION.

3.1 Quality Control. The successful Contractor shall develop and maintain a quality program to ensure refuse services are performed in accordance with commonly accepted commercial practices. The successful Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. This program must be in writing and available to the VA upon request.

3.2 Quality Assurance. The COR will periodically evaluate the Contractor’s performance to ensure that contracted services are received. The COR will evaluate the Contractor’s performance through intermittent on-site inspections of the Contractor's quality control program and receipt of complaints from VAHCS personnel. The Government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the Government may decrease the number of quality control inspections if performance dictates. The Government will also receive and investigate complaints from various customers located at the VAHCS. The Contractor shall be responsible for initially validating customer complaints. However, the COR shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s).

3.3 Identification, Parking, Smoking, and VA Regulations. The Contractor's Field Service Engineers (FSEs) shall wear visible identification at all times while on the premises of the VA Medical Center. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

Information on parking is available from the COR. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. To better protect Government and Contractor personnel, the Contractor shall ensure that their drivers follow all prudent safety practices while operating a motor vehicle. All large vehicles shall have operable parking and emergency parking systems, backup alarms, and wheel chocks.

No use of any form of tobacco will be allowed in any building unless designated as a tobacco use shelter. No use of any form of tobacco will be allowed within 75 feet of any entrance to Medical Center Buildings that have patient accessibility. No use of any form of tobacco will be allowed within 50 feet of any other entrance to buildings on the grounds. Smoke receptacles will be provided for disposal of smoking materials as persons approach the non-tobacco use areas. Possession of weapons is prohibited while on federal property. Enclosed containers, including tool kits, shall be subject to search.

The Contractor will adhere to all applicable laws, regulations, and policies while on federal property.

This includes, but not limited to, a maximum speed of 15mph while driving on the main campus road and a maximum speed of 10mph while driving through the parking lots. It is expected of the Contractor to have the drivers drive at a significantly slower speed to ensure the safe transient through federal grounds to ensure the safety of patients, staff, visitors, drivers, pedestrians, and equipment. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

3.4 Conformance Standards. Contractor shall ensure that all work is performed in accordance with Joint Commission, DNR, EPA, DOT, OSHA, and governing federal, local and state regulations and guidelines.

3.5 Payment and Reporting. Invoices will be paid in arrears on a monthly basis. Invoices must include the Contract Number, Purchase Order Number, covered period of service, and certifiable weight of the contents from every container pulled, costs (pull charge and associated cost per tonnage fee). The Contractor shall issue pick-up tickets for conventional, compactor, and debris removal services. All containers must be weighed and reported for each individual container on invoices except for the Ergonomic Front-Loading Containers (“Dumpsters”) and the Residential Containers. If these are unable to be weighed individually, a system of estimation must be reported on the invoices.

The Contractor will provide, at a minimum, monthly, quantity, weight, and cost (revenue if a rebate is applicable) totals for pallets and scrap metal removed from the facility. The Contractor shall cite revenue of recycled items on invoices and apply revenue in the form of a discount on monthly invoices. Landfill tickets and/or service slips shall be prepared in duplicate by the Contractor and will be dropped off at a designated location set by the COR on a weekly basis or provided through an electronic means (Contractor’s website account or email). Split invoices will be acceptable (i.e. invoice for Recycling, invoice for “dumpsters”, invoice for San-I-Pac…), however this will be reviewed and approved by the COR in advance.

If the Contractor is not able to provide the scheduled services as described in this Standards of Work (i.e. due to weather, truck maintenance, staff shortages…), the Contractor may allow an alternate company to temporarily provide the required services at no additional cost to the VA.

The alternate company will also be required to follow all requirements provided in the Standards of Work. If the Contractor or alternate company is not able to provide the services described in this Contract within five (5) business days, the COR will contact an alternative company to provide the service and the Contractor will be billed for the appropriate service that was provided.

3.6 Reporting Required Services Beyond the Contract Scope: The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any instances which the Contractor believe he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COR with a written estimate of the cost for consideration of additional services under this agreement.

3.7 Pre-work Orientation:

In accordance with Joint Commission, the Contractor will attend a pre-work orientation meeting prior to the commencement of work on site. The VA will schedule this meeting and it will include discussion of the following topics:

A. Fire and Safety

B. Infection Control

C. Disaster Procedures

D. Transportation routes and general information on the project.

E. Other topics deemed necessary

The Contractor will be responsible to ensure that Contractor employees coming to the work site receive the information covered above.

3.8 Reconstitution. All waste shall be completely removed in accordance with conformance standards. Areas damaged by Contractor vehicles shall be repaired to meet the appearance of the surrounding area to the satisfaction of the COR at no additional cost to the Government.

4. SPECIAL CONTRACT REQUIREMENTS:

A. Vehicle Specifications. Each vehicle used in the performance of this contract shall meet the specifications required by the State of South Dakota, as well as the city/or counties where services are to be performed.

B. Permits and Licenses. Prior to performance of any services under this contract, the Contractor shall provide a copy of all permits required in the normal operation of its business to the COR.

5. SECURITY REQUIREMENTS.

A VA Police background check may be a requirement, at the Government’s option, for all Contractors’ and any Subcontractors’ employee(s) providing services to the Government.

The Government’s decision to exercise this option will not entitle the Contractors or Sub- Contractors to any contract price adjustments. No employee shall be permitted to perform work or access non-public areas unescorted without a background check and written clearance by VA Police. If required by the COR, the Contractor will be requested to provide the following information:

• Name (full, including previous names) of any employee who will be performing work under this agreement.

• Social Security Number

• Date of Birth

• Place of Birth

5.1 Physical Security. The Contractor is responsible for safeguarding all Government documents. All vehicles/trucks utilized for pickup of trash and garbage must be properly identified with Contractor name.

5.2 Contractor Personnel. Contractor personnel must wear a common uniform or identification with the Contractor’s name printed in neat and professional manner to be easily visible and readable as seen within a distance of verbal communication.

B.2 PRICE/COST SCHEDULE

Questions about this procurement may not be guaranteed an answer beyond 27 March, 2024 @ 4pm CST.

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

12.00 mo _______________

Waste and Recycling Service

S205 Housekeeping – Trash/Garbage Collection 562111 Solid Waste Collection

Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025

12.00 MO _______________

Waste and Recycling Service

S205 Housekeeping – Trash/Garbage Collection 562111 Solid Waste Collection

Contract Period: Option 1 POP Begin: 05-01-2025 POP End: 04-30-2026

Waste and Recycling Service

S205 Housekeeping – Trash/Garbage Collection 562111 Solid Waste Collection

Contract Period: Option 2 POP Begin: 05-01-2026 POP End: 04-30-2027

Sioux Falls VA Waste/Recycling

S205 Housekeeping – Trash/Garbage Collection 562111 Solid Waste Collection

Contract Period: Option 3 POP Begin: 05-01-2027 POP End: 04-30-2028

Waste and Recycling Service

S205 Housekeeping – Trash/Garbage Collection 562111 Solid Waste Collection

Contract Period: Option 4 POP Begin: 05-01-2028 POP End: 04-30-2029

GRAND TOTAL _______________

SECTION C - CONTRACT CLAUSES

C.14 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974.

These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract.

The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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