S02 36C26325Q0584 Regulated MW Services FARGO.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

437-25-3-6054-0241

36C263-25-AP-1898

36C26325Q0584 03-21-2025

Alberta Mickells 402-995-3081 03-28-2025

10AM CDT

36C263 Dennis Salmonsen, Contracting Officer Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C151/152 Omaha NE 68102-2077

X

562211

$47 Million

N/A

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) FARGO VA Medical Center & CBOCs

FARGO ND 58102-2417

36C263

Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C151/152 Omaha NE 68102-2077

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

FARGO VA Health Care System and CBOC's Listed in the Statement Of Work for Regulated Waste Services.

Base Year: 04/01/2025 - 03/31/2026 Option Year 1: 04/01/2026 - 03/31/2027 Option Year 2: 04/01/2027 - 03/31/2028 Option Year 3: 04/01/2028 - 03/31/2029 Option Year 4: 04/01/2029- 03/31/2030

Contractor to provide all labor and materials included in the Statement of Work.

All invoices will be submitted electronically through tungsten.

All offerors must be registered on SAM at the time of quote to be eligible for award.

See CONTINUATION Page

437-3650162-6054-856700-2542-010056193 437-25-3-6054-0241

X 1(One)

Dennis Salmonsen VA-VHA-RPOC-2025-0018 Contracting Officer

36C26325Q0584

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE ............................................. Error! Bookmark not defined.

SECTION C - CONTRACT CLAUSES

C.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) ALTERNATE

I (FEB 2024)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 39

C.5 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 42

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.11 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

C.12 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.13 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

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.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-2 EVALUATION ADDENDUM—COMMERCIAL ITEMS (OCT 2014)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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 Dennis Salmonsen

Network 23 Contracting Office (NCO 23)

111 South 18th Plaza, Suite C151/152

Omaha NE 68102-2077

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] Monthly, Upon Completion of Services

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.

STATEMENT OF WORK

1. TITLE: Regulated Medical Waste and Trace Chemotherapy Waste Services

2. OVERVIEW: Contractor shall provide services to collect, transport, treat, and dispose of infectious, sharp and trace chemotherapy waste for the Fargo VA Health Care System.

Addresses are subject to change at no additional cost to the government.

3. ACRONYMS:

1. RMW – Regulated Medical Waste

2. Trace Chemo - Trace Chemotherapy

3. VA – Department of Veterans Affairs

4. CBOC – Community Based Outpatient Clinic

5. COR – Contracting Officers Representative

6. VAHCS – Veterans Affairs Health Care System

7. EMS - Environmental Management Services

8. SOW – Statement of Work

9. CRRC – Community Resource and Recovery Center

10. Contractor Employee – means all Contractor staff, technicians, personnel, subcontractors, or persons working on behalf of the Contractor.

4. PLACE OF PERFORMANCE:

1. Fargo VA Health Care System, 2101 Elm St. North, Fargo ND 58102

2. Bemidji Community Based Outpatient Clinic (CBOC) 1217 Anne Street NW, Bemidji MN 56601 (

3. Bismarck Community Based Outpatient Clinic (CBOC) 2700 State Street Suite F, Bismarck ND

58503

4. Devils Lake Community Based Outpatient Clinic (CBOC) 1031 7th Street NE, Devils Lake ND

58301

5. Fargo Community Resource and Referral Center (CRRC) 721 1st Ave North, Fargo ND 58102

6. Fergus Falls Community Based Outpatient Clinic (CBOC) 1039 North Park Street, Fergus Falls

MN 56537

7. Grafton Community Based Outpatient Clinic (CBOC) 1319 West 11th Street, Grafton ND 58237

8. Grand Forks Community Based Outpatient Clinic (CBOC) 3221 32nd Ave. South, Grand Forks ND

58201

9. Jamestown Community Based Outpatient Clinic (CBOC) 2430 20th Street Southwest, Suite B, Jamestown ND 58401

10. Minot Community Based Outpatient Clinic (CBOC) 3400 South Broadway Street, Minot ND 58701

5. Frequency of Service:

LOCATION OF SERVICE

ESTIMATED QTY IN

POUNDS FREQUENCY

Fargo VA Health Care System 62,000 DAILY (M‐F)

Bemidji Community Based Outpatient Clinic (CBOC) 700 BI‐WEEKLY

Bismarck Community Based Outpatient Clinic (CBOC) 1,000 BI‐WEEKLY

Devils Lake Community Based Outpatient Clinic (CBOC) 150 BI‐WEEKLY

Fargo Community Resource and Referral Center (CRRC) 125 BI‐WEEKLY

Fergus Falls Community Based Outpatient Clinic (CBOC) 400 BI‐WEEKLY

Grafton Community Based Outpatient Clinic (CBOC) 175 BI‐WEEKLY

Grand Forks Community Based Outpatient Clinic (CBOC) 600 BI‐WEEKLY

Jamestown Community Based Outpatient Clinic (CBOC) 350 BI‐WEEKLY

Minot Community Based Outpatient Clinic (CBOC) 600 BI‐WEEKLY

TOTAL POUNDS 66,100

6. PERIOD OF PERFORMANCE:

This contract will be a Single Award, Firm Fixed Price Service Contract for 1 (One) Base Year and 4 (Four) Option Years.

BASE YEAR: 04/01/2025 – 03/31/2026

OPTION YEAR 1: 04/01/2026 - 03/31/2027

OPTION YEAR 2: 04/01/2027- 03/31/2028

OPTION YEAR 3: 04/01/2028- 03/31/2029

OPTION YEAR 4: 04/01/2029- 03/31/2030

7. QUALIFICATIONS AND SPECIAL CERTIFICATIONS:

Federal Certificate of Registration to Transport Hazardous Waste Federal Safety Permit to Travel on Highways Treatment, Storage and Disposal Facilities (TSDFs) need a Resource Conversation and

Recovery Act (RCRA) permit.

If waste covered under this contract must be transported through a jurisdiction which requires special licensing or permitting, the Contractor and/or subcontractor shall obtain and maintain all necessary licenses and permits. The Contractor shall provide copies of these licenses and permits to the COR/POC.

The Contractor and/or subcontractor shall, without additional cost to the Fargo VAHCS or federal government, provide and maintain all licenses and permits for personnel, trailers, containers, vehicles, and other resources required for proper transportation and disposal of the wastes covered under this contract in accordance with all applicable federal, state, local, municipal, and VA, laws, regulations, and requirements.

If appropriate licenses and permits are not maintained in accordance with these applicable laws, regulations and requirements, the Fargo VAHCS may terminate the contract effective upon discovery.

Contractor shall use trained staff with specialized knowledge in this line of work according to the qualifications set forth in the SOW.

8. REGULATIONS / DIRECTIVES / POLICIES:

Joint Commission North Dakota Infectious Waste Statutes and Rules administered by the North Dakota

Department of Environmental Quality (NDDEQ) Minnesota Pollution Control Agency (MPCA) Minnesota Infectious Waste Statutes and Rules administered by the MPCA 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 Administration (OSHA)

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.

Guidelines required by Center for Disease Control (CDC).

Guidelines required by Environmental Protection Agency (EPA) Guidelines required under the Resource Conservation Recovery Act. (RCRA) Fargo VA Green Environmental Management System (GEMS) Other applicable regulating agencies

9. DEFINITIONS:

Regulated Medical Waste (RMW): Waste originating from the diagnosis, care, or treatment of a person that has been or may have been exposed to a contagious or infectious disease. Unless the materials have been rendered noninfectious by procedures approved by the Minnesota State Commissioner of Health or North Dakota Department of Environmental Quality.

Infectious waste includes:

o All wastes originating from persons placed in isolation for control and treatment of an infectious disease.

o Bandages, dressings, casts, catheters, tubing, and similar disposable items which have been in contact with wounds, bums, anatomical tracts, or surgical incisions and which are suspect of being or have been medically verified as infectious.

o All infectious anatomical waste, including human parts or tissues.

o Infectious sharps and needles.

o Laboratory and pathology waste of an infectious nature; or o Any other waste, as defined by the state commissioner of health, which, because of its infectious nature, requires handling and disposal in a manner prescribed for other types of infectious waste.

Infectious Sharps: discarded items that can induce subdenal inoculation of infectious agents, including needles, scalpel blades, pipettes, and other items derived from human patient care, blood banks, laboratories, mortuaries, research facilities, and industrial operations; and discarded glass or rigid plastic vials containing infectious agents.

Trace Chemotherapy Waste (Trace Chemo): empty vials, syringes, IV bags, and similar container type items which held antineoplastics and gowns, goggles, gloves, tubing, and wipes used with antineoplastics that are not overtly contaminated.

10. SCOPE OF WORK:

The contractor shall provide all labor, personnel, transportation, tools, equipment, and materials to provide RMW services.

The contractor shall provide a Primary and Alternate point of contact for all locations to the COR/POC within 10 working days of contract award. Information to include A 24-hour emergency contact (name, telephone #, mobile #) available during Contractor’s non-business hours.

CONTAINERS:

The Contractor shall supply the VA with adequate quantities of reusable containers that shall be odor free, with tight-fitting covers, leak proof, fire retardant and shall be cleaned and sanitized with a hospital grade EPA registered disinfectant prior to drop off at each location.

The Contractor shall provide disinfected storage containers of sufficient size and quantity at all locations to ensure adequate capacity as needed by the VA for RMW and Trace Chemo.

At a minimum, a one-to-one exchange of containers for each filled container in all pickup locations will be provided by the Contractor.

Currently, the estimated weight of RMW and trace chemo waste generated by the VA is approximately 66,100 pounds per year. Average for Sharps is approximately 15%.

The storage containers must be lined with Contractor provided red IW bags or yellow Trace Chemo bags as applicable to the waste to be stored in the container.

Containers must be conspicuously labeled in accordance with guidelines and regulations prescribed by regulatory authorities including DOT and OSHA Standards.

All containers must be labeled with the Contractor's and the VA's names, addresses, and phone numbers.

All labels containing VA identifiers must be removed from containers at the time of waste treatment and/or disposal.

VA Storage of Regulated Medical Waste and Trace Chemo Waste:

The Fargo VA maintains a secure area for storage of RMW and Trace Chemo.

The VA storage is located in room BE-47 just off the North loading dock.

RMW and Trace Chemo waste will be placed by the VA into Contractor supplied containers within the storage area.

COLLECTION, TRANSPORTATION, TREATMENT AND DISPOSAL

The Contractor is fully responsible for handling, collection, storage, transportation, treatment and disposal of RMW and Trace Chemo Waste in a secure manner that prevents leakage of waste.

Containers must maintain their integrity and remain segregated from other waste types during handling, collection, storage, transport, treatment, and disposal.

The Contractor must track waste from collection to disposal and provide an online manifest system.

The contractor must provide the VA with sufficient waste tracking information for the VA to deem the number of trace chemo and RMW containers collected, the number of trace chemo and RMW containers delivered, the weight of trace chemo and RMW waste collected, and how and where trace chemo and RMW is treated.

COLLECTION AND HANDLING

All labor required to, remove containers, load the truck and place empty, clean, disinfected, lined, rigid, covered containers inside the storage sheds and lock the sheds is the sole responsibility of the Contractor.

Upon arrival at the VA to collect waste, the Contractor shall call 3788 to notify EMS Supervisor.

EMS will periodically monitor the Contractor's performance throughout the collection process.

Collection of RMW and Trace Chemo waste shall occur five days per week on Monday, thru Friday at the Fargo VA Health Care System.

After service the door to the RMW room will be locked, the Contractor shall deliver a manifest to the EMS Supervisor or representative for signature.

If the Supervisor is unavailable, signature may be obtained from authorized VA personnel that are current on their DOT HazMat training.

A list of authorized VA personnel is maintained by the COR/POC and will be provided to the Contractor.

CBOCS:

Collection of RMW containers will occur monthly for the eight CBOC/CRRC locations, unless otherwise identified by the COR.

Contractor employee(s) will be escorted by VA staff to the storage area at each of the CBOC locations for RMW pick-up.

The Contractor shall deliver a manifest to the Clinic Coordinator/VA authorized personnel for signature at each of the CBOC locations.

TRANSPORTATION:

The Contractor must possess valid infectious transporter licenses within each State the

Contractor operates in and provide proof of licensure to the COR/POC.

The Contractor's commercial transporter management plans must be kept at the address identified as the transporter's principal place of business and be available for inspection upon request during business hours.

The Contractor's vehicles must comply with DOT regulations and standards.

The name of the Contractor must be displayed on the exterior of the Contractor's vehicle in accordance with all local, state, and federal regulations regarding infectious waste.

The Contractor shall have an approved operation and safety plan with documentation of employee training. A copy of the plan must be provided to the COR/POC. The plan and documented training shall include, but not be limited to:

o The proper and safe operation of the waste collection vehicle o Standards and safety precautions for handling, collection, transportation, treatment, and disposal of RMW and Trace Chemo Waste.

o Applicable licenses, permits and certificates of training for handling, collection, transportation, treatment and disposal of RMW and Trace Chemo Waste.

o A description of the characteristics and hazards of RMW and Trace Chemo

Waste.

o Procedures to follow in the event a person is contaminated by RMW and Trace

Chemo Waste.

o Procedures to follow in the event of a spill including clean up and disinfection of contaminated surfaces and the storage, treatment, and disposal of spilled materials.

o Procedures to follow if a load of RMW and Trace Chemo waste becomes hot, burning and/or reactive.

o Procedures to follow in the event unauthorized waste material is deposited in the collection containers.

o Procedures to follow to complete the manifest and to maintain other records required under any local ordinance, state statute or rule, or federal regulation that applies to the jurisdictions within which the Contractor operates; and procedures to follow to properly disinfect the waste collection vehicle and waste containers.

TREATMENT AND DISPOSAL:

Trace Chemo must be treated and disposed by incineration at a permitted regulated medical waste incinerator.

RMW and Sharps must be treated by autoclave/incineration at a permitted regulated medical waste treatment facility then disposed of at a permitted land disposal facility.

The Contractor is fully responsible for the lawful treatment and disposal of RMW, Sharps and Trace Chemo Waste generated by the VA.

MANIFESTS AND CERTIFICATES OF TREATMENT AND DESTRUCTION:

Contractor shall provide manifests necessary to properly document pick-up, transport, and disposal of all collected RMW.

Waste collected by the Contractor shall be tracked using a manifest system that has been pre-approved by the COR/POC to ensure it meets VA's needs.

The manifest system must provide the VA with sufficient information to track RMW, Sharps and Trace Chemo waste collected from the point of collection to treatment and disposal.

Certificates of treatment and disposal must also be provided to the COR/POC for each shipment that clearly shows:

o Date of disposal o Location of disposal site o Method of disposal o Weight(s) of RMW disposed o State and Federal permit/registration numbers of both the transporter and disposal site Failure to follow manifest and certificate of treatment provisions may be grounds for immediate termination of the contract.

PERMITS:

The Contractor shall provide the COR/POC copies of all current regulatory permits for each storage, treatment, and disposal facility to be used by the Contractor for the disposal of VA waste.

The Contractor must obtain and maintain all necessary permits, licenses and registrations for handling, pickup, storage, treatment and disposal of RMW and Trace Chemo Waste as regulated by the authorities listed in the SOW.

The Contractor agrees to hold the VA harmless for any negligence of Contractor and his or her employees who may wholly or individually be liable for improper handling, pickup, transportation, treatment, and disposal of the VA's waste.

CONTINGENCY PLANS:

The Contractor shall provide the COR/POC a contingency plan addressing back-up plans for collection, transportation, treatment, and disposal of the VA's waste in the event of any condition which impedes the ability to perform the services specified in this

SOW.

EMPLOYEE TESTING AND CERTIFICATION:

The Contractor shall provide the COR/POC evidence of training and certifications for contractor employees DOT hazardous materials training and OSHA blood borne pathogen training.

The Contractor will notify the COR/POC of any letters of warning, notices of violations, or administrative penalties issued to the Contractor or to any waste treatment or disposal facilities during the contract term.

NOTIFICATION OF CHANGES:

The Contractor will notify the COR/POC in advance of any changes that may affect services such as containers, transportation, storage facilities, treatment facilities and disposal sites.

WEIGHT SYSTEM:

The Contractor will provide evidence of a certifiable weighing system that is regularly monitored to ensure and validate accuracy.

The Contractor will measure trace chemo and RMW separately and exclude the weight of trace chemo and RMW containers for an accurate measure of the weight of wastes for billing and tracking purposes.

CONTRACTOR VEHICLES:

All contractor vehicles utilized in the performance of this contract shall maintain insurance (up to the minimum coverage required by the respective state) and shall maintain current state vehicle registration.

All contractor employees shall possess a valid driver’s license and have a clean driving record.

The contractor or his/her employee’s while performing under this contract shall use no personal vehicles to transport containers to and from the government and contractor site.

The contractor shall ensure that all contractor vehicles utilized for this performance contract are kept in proper working condition.

The contractor vehicles shall be locked and properly secured at all times while at the government site or in route to and from contractor site.

Vehicles used in the performance of the contract shall not be left unattended and unlocked at any time while transporting waste on the Fargo VA Health Care System grounds.

10. SCHEDULE:

Hours of Services:

Contractor shall perform services Monday through Friday during normal business hours of 7:00 am to 3:30 pm at the Fargo location and 8:00 am to 4:00 pm at the CBOC locations.

When regular delivery/pick-up days occur on one of the Federal holidays listed below, the regular delivery/pick-up shall automatically shift to the following business day (Monday through Friday). The eleven national holidays observed by the Federal Government are:

• New Years Day 1 January

• Martin Luther King Jr. Day Third Monday in January

• Presidents Day Third Monday in February

• Memorial Day Last Monday in May

• Juneteenth 19 June

• Independence Day 4 July

• Labor Day First Monday in September

• Columbus Day Second Monday in October

• Veterans Day 11 November

• Thanksgiving Day Fourth Thursday in November

• Christmas Day 25 December If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. If a holiday falls on Saturday, the preceding Friday is observed as a legal holiday by U.S. Agencies.

Any other day specifically declared by the President of the United States to be a national holiday.

Should any collection day fall on a holiday, the Contractor shall coordinate with the COR to reschedule.

The Contractor shall coordinate with the COR/POC and CBOC POCs for an agreed upon schedule which includes but is not limited to a specific day of the week and time to provide services at each location.

The Contractor shall provide a minimum of 24-hour notice of any schedule changes.

11. EMERGENCY:

Contractor will respond to emergency removal needs by performing removal within twenty-four

(24) hours of notification by VAHCS.

Contractor will provide VAHCS with instructions for emergency notification.

Contractor will not be allowed access to VAHCS facilities prior to 7:00 a.m. or after 4:00 p.m.

except in emergency situations as designated by VAHCS.

11. POINT OF CONTACT:

“See Award Email”.

12. INVOICING:

The contractor shall invoice by weight ~ total pounds for RMW for the VA.

The contractor may submit a consolidated monthly invoice for all locations.

Invoice must include, but is not limited to:

Contract Number Purchase Order Number (PO) Date of Service Location Manifest Number Quantity Type of Container Type of Waste Weight ~ Per Pound Price per pound for type of waste

1. Privacy Confidentiality Statement: Hazardous waste receptacles (containers, bags) will not be opened. Contractor shall notify the Fargo VAHCS of possible PHI being incidentally disclosed as a by-product of their services. If an incidental disclosure shall occur of PHI (spills, breaks, etc.), Veteran information will be protected.

2. All regulated medical waste must be incinerated (not autoclaved) to ensure the destruction requirements for PHI (Protected Health Information) are met.

END OF STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Collection and disposal of Regulated Medical Waste at the Fargo VA

Health Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Base POP Begin: 04-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal PRODUCT/SERVICE CODE: 4235 - Hazardous Material Spill Containment and Clean-Up Equipment and Material

Health Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Option 1 POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

Health Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Option 2 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

Health Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Option 3 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Health Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Option 4 POP Begin: 01-01-2029 POP End: 12-31-2029 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

ALTERNATE I (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a small business concern; or

(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ] is, [ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.

(7) WOSB join venture eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]

Note to Paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the

Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

[The offeror shall check the category in which its ownership falls]:

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ] has, [ ] has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1)(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select ‘‘no’’.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ ‘‘foreign end product,’’ and ‘‘United States’’ are defined in the clause of this solicitation entitled ‘‘Buy American—Supplies.’’

(2) Foreign End Products:

Line item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component: Line Item No. ___________

[List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i)(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical…