36C77022Q0363.docx

36C77022Q0363

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. SIGNAT

URE 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

NCO 15 Contracting Ofc - CMOP 764-22-4-501-0238 36C77022Q0363 06-16-2022 Erika Taylor Erika.Taylor@va.gov 913-684-0148 06-23-2022 13:00

CDT

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012 X X 562111 $41.5 Million N/A X Department of Veterans Affairs Murfreesboro CMOP 5171 Sam Jared Drive Murfreesboro TN 37130-1382 36C770 Department of Veterans Affairs

NCO

Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971 See CONTINUATION Page Description of Requirement:

Provide refuse and recycling collection and waste disposal services as specified in Statement of Work and Price Schedule at Mid-South Consolidated Mail Outpatient Pharmacy (CMOP) 5171 Sam Jared Drive, Murfreesboro, TN 37130.

Offeror shall comply with U.S. Department of Labor Wage Determination No: 2015-4647, (Rutherford County) Revision 19 Dated 03/15/2022, https://sam.gov/wage-determination/ Site visits may be arranged through COR Braden Penston, 615-620-8441; Braden.Penston@va.gov

NOTE: THIS IS A 100% SDVOSB SET-ASIDE.

Offeror shall be registered and active at System for Award Management (SAM) at https://www.sam.gov at the time of offer and award.

Questions may be asked and are due no later than 3:00pm CST 06/21/2022. Responses will be provided via amendment on 06/22/2022 by 11:00am CST.

POC for this RFQ is Erika Taylor, erika.taylor@va.gov See CONTINUATION Page X X X Esperanza Roberts Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

B.2 STATEMENT OF WORK

1. BACKGROUND

a. The VA Mid-South Consolidated Mail Outpatient Pharmacy (CMOP) requires refuse and recycling services at 5171 Sam Jared Drive, Murfreesboro, Tennessee 37130. The contract awarded will be a non-personal services contract. As such, the contractor will provide continuous supervision of its personnel and the contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose.

b. This contract is for a firm fixed price, indefinite delivery contract (IDC) for a duration of one 6-month base period (August 1, 2022 - January 31, 2023) and two 3-month options for renewal, (total Period of Performance August 1, 2022 – July 31, 2023). The VA CMOP is in the process of transitioning from its Sam Jared Drive location to its Elam Farms Parkway facility. Over this time, services will be needed until the Sam Jared Drive site ceases operation.

Onsite Visits: The site visit will be held on Tuesday, June 21, 2022 at 2:00pm at the referenced location in paragraph 1. Offerors, please reference VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors listed below when traveling to a VHA facility. Offerors should inspect the VA premises prior to submitting quotes in order to be fully aware of the scope of services required. The offeror may take notes, measurements, and pictures of the area and equipment to be replaced during the site visit. Failure to do so will not relieve the successful offeror from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government. Prospective offerors are to contact the Contracting Officer Representative (COR), Brandon Penston via email (Branden.Penston@va.gov) to request access. Questions may be forwarded to Erika Taylor at Erika.Taylor@va.gov; however, all questions will be answered via an amendment to the solicitation. Questions are due to the COR by June 21st at 3:00 p.m. CST. Answers will be posted by 11:00 a.m. CST June 22nd.

2. DESCRIPTION OF SERVICES

The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform refuse and recycling services for the Mid-South Consolidated Mail Outpatient Pharmacy (CMOP). The contractor shall provide compactors and containers at each collection station.

The contractor shall transport and dispose of all solid waste at a licensed disposal site selected by the contractor. The contractor shall dispose of recyclable materials at a recyclable processing center. Revenue from the sale of materials to the recycling center shall be the property of the VA CMOP.

The contractor shall perform to the standards in this contract as well as all local, state, and federal regulations.

3. COLLECTION REQUIREMENTS

a. Points of Collection: Collection stations for refuse and recyclable materials at the Sam Jared Drive location are located at the east and south loading docks of Building 112. The contractor shall position bulk containers for customer’s ease in depositing refuse. The contractor shall position containers to minimize interference with emergency vehicles, normal traffic flow, adjacent parking areas, sidewalks, roadways, overhead utilities, trees, and other potential obstructions. The COR shall approve any repositioning of containers. The waste compactor shall be in operation within two (2) hours of container pick-up.

b. Schedules: The contractor shall establish vehicle routes and collection schedules that correspond with the requirements of the facility. The Contracting Officer Representative (COR) is responsible for coordinating pick-up schedules. Changes to the schedule or haul route shall be coordinated with the COR for notification and approval.

c. Unscheduled Collections: Supplemental, unscheduled collections and disposals shall be first submitted to the Contracting Officer for approval before such services are conducted. Approved unscheduled services shall be invoiced as a separate line item on the invoice for certification by the COR.

d. Missed Pick Up: The contractor shall provide an emergency pick up within 24 hours of notification of a missed pick up. The missed pick up shall be provided at no charge to the Mid-South Consolidated Mail Outpatient Pharmacy (CMOP).

e. Inclement Weather Schedule: The contractor shall collect refuse and recyclable material during periods of inclement weather. In cases of severe weather, the COR may authorize exceptions. When exceptions are granted, the contractor shall make up all missed collections within 24 hours after the severe weather has terminated unless the COR authorizes additional time.

f. Holidays: Federal Holidays are New Year Day, Martin Luther King, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day. Also, included are any other days specifically declared by the President of the United States. There are intermittent requirements when the CMOP operates on holidays that the contractor may be required to provide services on one, any, or all of these holidays. The contractor shall be notified in advance of these requirements.

Normally, when a holiday falls on a Sunday then the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, then the preceding Friday is observed by U.S. Government agencies.

g. Collection Area Maintenance: The contractor shall return the containers to their original location after servicing with containers and compactor functional and in operating condition. The contractor will be responsible for immediately cleaning up any spills, debris, etc., which may occur during pick-up or servicing of containers. The contractor's clean up requirements include, but is not limited to reconnection of containers with compactors, closing container doors, reinstalling dividers between containers or compactors, etc. The contractor will be responsible for keeping collection areas free of refuse and debris resulting from pick-up.

4. CONTAINERS

All containers and compactors under this contract shall be contractor owned and maintained. Containers furnished by the contractor shall be equipped and designed for application, and must meet all commercial, local, state, and federal regulations. The containers furnished by the contractor shall be comparable in design and fabrication as currently used by the CMOP, or the contractor may provide recommendations for another style of container or manufacturer. Contractor will provide compactors as specified in paragraph 3.a. of this statement of work. The Contractor is authorized to vary such containers and locations as deemed necessary providing the overall quantity and size of containers remains the same and such changes are coordinated with and approved by the COR.

a. Compactors: Two (2) roll off, enclosed containers with a capacity of forty-two (42) cubic yards at Sam Jared Drive location. One container is intended for solid waste; the second container is intended for cardboard.

The compactors shall be heavy duty with a motor of 480-volts, 30 amp connections. The unit shall have a quick disconnect in order to pull the compactor or perform field service on the unit. The minimum ram-compaction force shall be 49,500 pounds, and the hydraulic cylinder shall be no less and 4-inch, 1.0 heavy-duty construction. The compactor shall be equipped with pressure gauges so the operator can observe the compaction pressure. The government reserves the right to change the cubic yard capacity.

b. Maintenance: The containers and compactors shall be maintained and/or repainted to prevent rust or unsightly appearance. The compactor shall include a walkway for carts with weather protection cover. Cleaning of containers shall be the responsibility of the contractor. Containers shall be cleaned regularly to prevent malodorous or unsanitary conditions, or as determined by the COR or Contracting Officer.

c. Replacement Containers: In the event of compactor break down, the Contractor shall provide a replacement compactor at no additional cost. The contractor shall replace compactor within two weeks or sooner after breakdown at no cost to the Government. Contractor shall make available temporary containers during this period. The temporary container shall be approved by the COR.

5. VEHICLES

The contractor shall be responsible for all city, county, state, and federal licenses, insurances, and fees. Vehicles shall be equipped and designed for application and must meet all commercial, local, state and federal regulation. To prevent unreasonable delay in servicing collection caused by breakdown of vehicle, a standby vehicle with duplicate handling mechanisms shall be provided by the Contractor. Adequate measures will be taken at all times to prevent spillage or scattering of the truck contents by wind or other means.

6. RECYCLABLE REQUIREMENTS

The Contractor shall participate in marketing recyclable cardboard to recycling centers at the Sam Jared Drive location. Weight tickets issued by the recycling center and receipt indicating the weight and type of recyclable material shall be submitted to the COR with payment following the month of sale (i.e., goods sold in April shall be documented with the April payment). All proceeds of the sale of cardboard recyclables shall be submitted to the CMOP Financial Manager of the Mid-South CMOP, 3209 Elam Farms Parkway, Murfreesboro, TN 37127, by check or money order monthly.

7. DISPOSAL

The contractor shall transport and dispose of all solid waste at a licensed disposal site selected by the contractor. Disposal shall be in accordance with existing local, state, and federal regulations.

8. GOVERNMENT FURNISHED UTILITIES

The Government will furnish the electricity for the operation of the compactors. Electricity is currently available for two compactors at Sam Jared.

9. DOCUMENTATION

a. Invoices: All services shall have a separate detailed line item on the invoice including, but not limited to date, description, and cost. The COR shall certify the invoices.

b. Sales Receipts: The contractor is responsible for providing all monthly revenues generated by sale of recyclable materials to the government in the form of original sales receipts for recyclable materials to the COR no later than the tenth working day of the month following the sale month. The sales receipts shall contain the weight and type of the item recycled. Each type of material shall be listed separately to include weights.

10. QUALITY ASSURANCE

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the contractor shall develop quality control procedures that address the areas identified in “Performance Requirements Summary.” After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

a. Quality Assurance Surveillance Plan: The Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor actions while implementing this Statement of Work (SOW). It is designed to provide an effective surveillance method of monitoring contractor performance for each listed objective on the Service Delivery Summary (SDS) in the maintenance contract. The QASP provides a systematic method to evaluate the services the contractor is required to furnish. This QASP is based on the premise the government desires to maintain a quality standard in operating, maintaining, and repairing facilities and that a service contract to provide the service is the best means of achieving that objective. The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance to ensure contract standards are achieved. In this contract, the quality control program is the driver for product quality. The contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a "self-correcting" contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead the contractor to success. Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document will ensure a robust quality assurance program.

b. Service Delivery Summary: The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

c. Quality Control: The contractor is responsible for developing and maintaining a quality program to ensure refuse and recycling services are performed in accordance with commonly accepted commercial practices. The contractor is responsible for developing and implementing procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the contractor is responsible for developing quality control procedures addressing the areas identified in paragraph 8, Service Delivery Summary. The contractor is responsible for submitting the quality control program to the Contracting Officer with the quote.

d. Service Delivery Summary: The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

e. Government Remedies: The Contracting Officer shall follow FAR 52.212-4, Contract Terms and Conditions-Commercial Items, for contractor's failure to perform satisfactory services or failure to correct non-conforming services.

11. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors A. Contractor employees who work in or travel to VHA locations must comply with the following documentation requirements:

1. If fully vaccinated, shall show proof of vaccination. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4. Documentation will not be collected by the VA; contractors shall always adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

B. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool (https://www.va.gov/covid19screen). Regularly check the website for updates.

C. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces.

D. Contractors shall, always, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

E. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

42 cubic-yard compactor rental, solid waste. Building 112 Loading Dock, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. August 1, 2022 through January 31, 2023. Contract Period: Base POP Begin: 08/01/2022 POP End: 01/31/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection Contract Period: Base POP Begin: 08-01-2022 POP End: 01-31-2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

Solid waste removal. Weekly pickup at Building 112 loading dock, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. August 1, 2022 thru January 31, 2023. Contract Period: Base POP Begin: 8/1/2022 POP End: 01/31/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

POP Begin: 08-01-2022 POP End: 01-31-2023

42 cubic-yard compactor rental, cardboard recycling, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. August 1, 2022 thru January 31, 2023. Contract Period: Base POP Begin: 08/01/2022 POP End: 01/31/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

POP Begin: 08-01-2022 POP End: 01-31-2023

Cardboard recycling, weekly pickup, Building 112, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. August 1, 2022 thru January 31, 2023. Contract Period: Base POP Begin: 08/01/2022 POP End: 01/31/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

POP Begin: 08-01-2022 POP End: 01-31-2023

42 cubic-yard compactor rental, solid waste. Building 112 Loading Dock, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. February 1, 2023 through April 30, 2023. Contract Period: Option 1 POP Begin: 02/01/2023 POP End: 04/30/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection Contract Period: Option 1 POP Begin: 02-01-2023 POP End: 04-30-2023

Solid waste removal. Weekly pickup at Building 112 loading dock, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. February 1, 2023 thru April 30, 2023. Contract Period: Option 1 POP Begin: 2/1/2023 POP End: 04/30/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

POP Begin: 02-01-2023 POP End: 04-30-2023

42 cubic-yard compactor rental, cardboard recycling, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. February 1, 2023 thru April 30, 2023. Contract Period: Option 1 POP Begin: 02/01/2023 POP End: 04/30/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

POP Begin: 02-01-2023 POP End: 04-30-2023

Cardboard recycling, weekly pickup, Building 112, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. February 1, 2023 thru April 30, 2023. Contract Period: Option 1 POP Begin: 02/01/2023 POP End: 04/30/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

POP Begin: 02-01-2023 POP End: 04-30-2023

42 cubic-yard compactor rental, solid waste. Building 112 Loading Dock, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. May 1, 2023 through July 31, 2023. Contract Period: Option 2 POP Begin: 05/01/2023 POP End: 07/31/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection Contract Period: Option 2 POP Begin: 05-01-2023 POP End: 07-31-2023

Solid waste removal. Weekly pickup at Building 112 loading dock, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. May 1, 2023 thru July 31, 2023. Contract Period: Option 2 POP Begin: 5/1/2023 POP End: 07/31/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

POP Begin: 05-01-2023 POP End: 07-31-2023

42 cubic-yard compactor rental, cardboard recycling, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. May 1, 2023 thru July 31, 2023. Contract Period: Option 2 POP Begin: 05/01/2023 POP End: 07/31/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

POP Begin: 05-01-2023 POP End: 07-31-2023

Cardboard recycling, weekly pickup, Building 112, 5171 Sam Jared Drive, Murfreesboro, TN. 37130. May 1, 2023 thru July 31, 2023. Contract Period: Option 2 POP Begin: 05/01/2023 POP End: 07/31/2023 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

POP Begin: 05-01-2023 POP End: 07-31-2023

B.4 DELIVERY SCHEDULE

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

615-620-8441 Branden.Penston@va.gov

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

5171 Sam Jared Drive

MURFREESBORO, TN 37130 1382

USA

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [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 Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of ;

(2) Any order for a combination of items in excess of ; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless…