36C77022Q0367.docx

36C77022Q0367

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

NCO 15 Contracting Ofc - CMOP 36C77022Q0364 36C77022Q0367 06- -2022 Melanie Raney-Johnson 913-684-0144 06-2 -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 Y 562112

41.5 Million

N/A X 36C700D Department of Veterans Affair s VA CMOP Dublin Meds by Mail 2102 Veterans Blvd., Suite 2 Dublin GA 31021 36C770 Department of Veterans Affairs NCO 15 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:

Hazardous waste disposal services for Dublin Meds by Mail See inserted Statement of Work for additional information.

This requirement is set aside for SDVOSB/VOSB Wage Determination 2015-4505 Revision 21 Published 3/14/2022 will apply to this solicitation.

Offeror shall be registered and active at System for Award Management (SAM) at https://www.sam.gov at the time of offer and award to the Government POC for this RFQ is Melanie Raney-Johnson, melanie.raney-johnson@va.gov See CONTINUATION Page X X X Christy Pen d lay 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 PRICE/COST SCHEDULE

ITEM INFORMATION

Hazardous Waste (estimated 5 gallons a month) removal and disposal of P-listed: Nicotine, Warfarin, Hazardous: Insulin, Bulk Chemotherapy, Lindane/Permethrin, Selenium, Iodine containing products, Silvadene, Mercury preservative, Alcohol > or = 24%. Container ID HSCPP018. Included in mail back system.

Contract Period: Base POP Begin: 07-03-2022 POP End: 07-02-2023 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

Bio-hazardous (5 gallons once a month) removal and disposal of needles. Empty syringes with needles, Pens and syringes with non-hazardous medications. Items that would normally be disposed of in a Sharp's container (lancets, needles). Medications Lovenox, Enbrel, Epi-pens, Eogen, Procrit, Stelara. Container ID 15001 included in mail back system.

Incompatible Hazardous Waste: (every 6 month removal and disposal transported in an approved vehicle.)Aerosol containers (under presure), Albuterol, Advair, Etc. Corrosives such as Glycopyrrolate Silver Nitrate. Materials packed by customer in 5 gallon pails for pick up.

POP Begin: 07-03-2022 POP End: 07-02-2023

Non-hazardous removal and disposal (20 gallons every two months). All Rx waste without a code. Antibiotics, creams, ointments, pills, and tablets in the original deispensed container that does not fall within any of the other 3 categories. container ID 17200 included in the mail back system.

POP Begin: 07-03-2022 POP End: 07-02-2023

Five gallon incompatible waste container. Price includes cost of outbound shipping. New contract for award. starting July 3, 2022 with a base year and 4 option years.

POP Begin: 07-03-2022 POP End: 07-02-2023

0.00

Optional 6 month extension once option years are exhausted

B.3 DELIVERY SCHEDULE

2103 Veterans Blvd., STE 2 Dublin, GA 31021 7531

USA

MARK FOR:

Page 1 of Page 1 of

B.4 STATEMENT OF WORK

I. BACKGROUND

The Department of Veterans Affairs (VA) Meds By Mail (Dublin GA) provides non- urgent, maintenance prescription medications, delivered by mail directly to CHAMPVA beneficiaries and children diagnosed with spina bifida. Medications and medical surgery supplies that cannot be delivered to recipients are returned to the Dublin MbM for destruction. The Dublin MbM, Dublin, Georgia, has a recurring requirement for removal and hauling of hazardous, universal, bio-hazardous (sharps containers), and non- hazardous chemical waste, and disposal services. The Dublin MbM requires this service to remain in compliance with Environmental Protection Agency requirements. The resulting contract for this solicitation will be a firm fixed price, for duration of one year plus four option years.

The resulting contract will be for a firm fixed price, task order contract for a duration of one (1) year base plus four (4) option years. Period of performance is estimated to begin on or about July 3, 2022 or upon award. This contract for a duration of one (1) base year (July 3, 2022 – July 2, 2023) with (4) option periods (total Period of Performance is July 3, 2022

– July 2, 2027), as long as the GSA vehicle is still in effect

The Meds By Mail - Dublin is located at 2103 Veterans Blvd Suite 2, Dublin GA 31021.

II. SCOPE OF WORK/OBJECTIVE

Dublin MbM produces four (4) categories of waste in the estimated quantities for removal and disposition. Under current Environmental Protection Agency (EPA) regulations, the Dublin MbM is a Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste. Because these are returned medications, the waste materials are not separated from bottles or other containers.

Hazardous (5 gallons per month) P-Listed: Nicotine, Wafarin Hazardous: Insulin, bulk chemotherapy, Lindane/Permethrin, Selenium, Iodine-containing products, Silvadene, Mercury preservative, Alcohol> or = 24%.

Bio-Hazardous (5 gallons once a month) Needles Empty syringes with needles Pens and syringes with non-hazardous medications Items that would normally be disposed of in a Sharps container (lancets, needles) Medications Lovenox, Enbrel, Epi-pens, Epogen, Procrit, Stelara

Incompatible Hazardous (5 gallons every 6 months – Transported in an approved vehicle) Aerosol containers (under pressure) Albuterol, Advair, etc.

Corrosives Glycopyrrolate Silver Nitrate

Non-Hazardous (20 gallons every one or two months) All Rx waste without code Antibiotics, creams, ointments, pills and tablets in original dispensed container that do not fall within any other of the three categories, etc.

The Contractor shall provide all necessary labor, personnel, supplies, travel, supervision, equipment, tools, and materials to perform non-radioactive, hazardous waste removal and disposal in accordance with this work statement. The successful Contractor shall have all necessary licenses, permits, and any other related documents mandated for this function required for the removal and disposal of p-listed pharmaceutical waste and non-segregated containers; RCRA and non-RCRA pharmaceutical waste, universal waste and other hazardous waste as defined as outlined in the chemical waste list of this statement of work. The Contractor shall provide appropriate replacement containers for those removed for disposal. The Department Veteran Affairs reserves the right to modify this contract in the future to add new materials to the list.

XX. General Performance Requirement

a. The Contractor shall remove and dispose of non-radioactive hazardous chemical and pharmaceutical waste, to include the on-site preparation, packaging, and labeling of the waste; shipping and disposal of the waste in compliance with all existing laws and regulations of the United States, any state or local government agency which may be applicable to the removal and disposal of waste from the Dublin MbM location including, but not limited to:

· EPA Hazardous Waste Regulations contained in 40 CFR 260 et seq.;

· EPA Storage and Disposal regulations in 40 CFR 761 et seq.; and

· DOT Hazardous Materials Transportation Regulations contained in 49 CFR 100 et seq.

b. If the Contractor shall subcontract any portion of these services, the subcontractor is held to all applicable federal, state, municipal, and local regulations to perform the services and must meet all requirements within this Statement of Work.

IV. Licenses and Permits:

The Contractor will, without additional cost to the Government, provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles and other resources required for proper removal of hazardous and non- hazardous chemical waste in accordance with all applicable federal, state, municipal, and local regulations, for example, (e.g. OSHA, EPA, Appropriate state Environmental Agency, 49 CFR (DOT). If appropriate licenses are not maintained in accordance with federal and state requirements, the VA may terminate the contract effective upon discovery. The VA reserves the right to stop work if the Contracting Officer or Contracting Officer’s Representative (COR) determine work is being done in an unsafe/unhealthy manner or that could harm the environment. VA will not incur additional costs if work is halted for good cause.

The following shall be provided to the Contracting Officer within fifteen days upon award of contract and annually within thirty (30) days of the renewal date of this contract with any changesto original submission clearly identified and highlighted:

a. Current waste transporter permit(s).

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

c. Copy of Operator permit(s)

d. Certificates of training of staff and/or personnel who will perform site work under this contract(all technicians that will work on VA premises will be expected to have received at least the minimum training required by law as specified in 29CFR 1910- 120, 40 CFR Parts 260-265 and49 CFR Parts 171-178.

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

f. Provided a copy of certificate of registration with the state EPA as a hazardous waste hauler for each business entity operated by the Contractor that will provide hazardous waste transportation services for any aspect of VA waste disposal program.

g. If hazardous waste must be transported through jurisdiction that requires special permit, the Contractor shall obtain all necessary permits.

c. Packaging

· The Contractor shall provide necessary personnel and all required materials to package, mark, label, and load the waste for transport. When repackaging is necessary, the Contractor shall be responsible for disposal of the original containers.

· The Contractor will furnish all containers with lids, packing materials and labels. (See Deliverables.)

· All Contractor vehicles shall be placarded and equipped in accordance with DOT regulations of the applicable state and DOT. Vehicles shall contain all emergency equipment required by DOT.

· Greater packaging integrity, when choice is permitted, shall be selected. For example, if DOT regulations were to permit use of either a fiberboard or steel container, the steel container will be used.

· Incompatible waste shall not be packaged in the same outermost container.

· The Contractor shall maintain a written affirmative procurement program that gives preference for the following materials used at the Dublin MbM:

· EPA designated items that are listed in EPA procurement guidelines at 40 CFR parts 247

· USDA designated items that are listed by USDA in the procurement guidelines found in7 CFR parts 3201

· EPA designated items on EPA’s list at http://www.epa.gov/cpg/products/htm

V. Pick-up

a. Pick- up times shall occur during normal duty hours (Monday through Friday, 9:00 AM-4:00 PM.

1) Initial Pickup: The Contractor shall provide the initial empty containers for waste products. The Contractor shall pick-up existing Cardboard/Fiber boxes, Plastic/MetalDrums and/or Plastic pails with hazardous waste bagged inside the containers. The quantity and type of containers or bins required will be coordinated between the Contractor and the Dublin MbM COR before the initial pickup.

2) Subsequent Scheduled Pickups: The Contractor shall deliver all collection containers or bins and shipping containers. The Contractor shall pick-up the filled containers for appropriate disposal.

3) All waste will be segregated for proper storage in the facility’s designated hazardous waste storage area following recommendations from the Contractor (in order to comply with regulatory requirements) following the initial pickup.

b. The Contractor shall work with the COR to establish a schedule for pick-up times, if one does not already exist. The Contracting Officer issuing the task or delivery order or his/her designee shall notify the Contractor for waste consolidation and packaging for disposal. The Contractor shall begin pick up the waste within ten (10) working days of notification.

VI. Transportation

a. Carriers shall have required EPA and state (where applicable) registry for hazardous waste transport. Carriers must also have verifiable records of good shipping practices, which may be checked through local DOT authorities at VA discretion.

b. Carriers, which do a minimal amount of interlining or intermediate stopping before reaching the disposal site, are preferred. Less than full truckload shipments are required to minimize shipping container damage from the waste being off-loaded enroute.

VII. Documentation

a. The Contractor is required to comply with all federal, state, and local regulations, policies and procedures regarding tracking, record keeping, manifesting and documentation of all waste collected. The Contractor will be required to comply with all changes to such federal, state and local regulations and procedures that occur during the term of this contract. The Contractor will provide to the Government any additional certifications that may be required because of changes in such laws.

b. The Contractor will provide all manifests and documentation that apply to the removal and disposal of hazardous, universal, and non- hazardous chemical waste conducted by its workforces and/or its subcontractors. The Contractor will furnish a properly executed and legible copy of the appropriate manifests required to document the safe shipment and proper disposal of hazardous, universal, and non- hazardous chemical waste generated by the Government under the terms of this contract.

c. Prior to the removal and transport of hazardous, universal and non- hazardous chemical waste generated by the VA, the Contractor will obtain approval and signature for each manifest from the Dublin MbM’s COR verifying that the Contractor has accepted the waste from the VA and that the waste was properly shipped for treatment or disposal. Manifests not signed by the COR will not be deemed valid. The Generator Copy, Generator state Copy and Destination state Copy of the executed manifest (signed manifest will be provided to the facility within 30 days) will be provided to the VA Dublin MbM Facility COR and when hazardous universal waste is disposed of as applicable and before the removal of any waste from facility.

VII. In addition to providing the manifests, the Contractor will provide a properly executed and signed disposal certificate for each manifest to the VA Dublin MbM COR within forty-five (45) calendar days of removal of waste from this facility. The disposal certificate will clearly indicate that all waste has been properly disposed, and will specify the site and date of disposal or incineration. Exceptions to this must be approved by the Contracting Officer.

VIII. All manifests, waste determinations, waste generation data, shipping information, and other data required for the proper execution of this contract will be maintained by the Contractor in an electronic database format that is exportable through a Microsoft Excel or Microsoft Access format for input into the VA system. This system should enable tracking of generator status, generate monthly, quarterly, or annual reports, and enable tracking of compliance dates.

IX. Removal of the hazardous, universal, and non-hazardous chemical wastes will be performed during business hours, Monday through Friday, excluding National Holidays. The COR will be available during those hours for the approval of manifests and other required documentation, unless exigent circumstances require services during an unscheduled time period.

X. The Contractor will provide the Dublin MbM COR a report on the percentage of recovered materials content for EPA designated items that were utilized in the performance of this contract and a report on the use of bio-based products in the performance of this contract.

XX. Safety

a. The Contractor shall remove and dispose of waste in a prudent, conscientious, safe, and professional manner. Contractor personnel and equipment shall comply with all safety requirements set forth in applicable federal, state, and local laws and regulations and assure that its agents, employees, and subcontractors perform the work in accordance with same. The Contractor will ensure that all personnel involved in handling and packaging hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the area of chemical incompatibility, general first aid procedures and spills. Handling and personal protective equipment shall be provided by the Contractor and be appropriate to ensure safe handling of the hazardous waste.

b. The Contractor shall be responsible for the cleanup of all spills or leaks that occur during the packaging of the waste or the transportation process. Cleanup shall be in accordance with all applicable regulations. The Contractor shall report all spills/ leaks that occur on the Dublin MbM property immediately to the COR. Spills or leaks that occur during the transportation of the materials shall be reported to the Dublin MbM COR within 24 hours of the occurrence. A written report of the circumstances shall be sent to all regulatory agencies if applicable and a copy provided to the COR.

c. The Contractor shall ensure that vehicles used for transportation of hazardous materials are stocked with sufficient supplies to handle hazardous materials that require special packaging, spills, leaking drums or other conditions that could occur while performing a routine pick-up.

IX. Disposal

a. VA’s preferred method of eliminating waste is recycling, reprocessing, or recovery. Given the impracticality of doing this for much of the pharmaceutical waste and containers, it shall be incinerated or otherwise destroyed if possible and not landfilled unless such action is legally permitted at the specific landfill location.

b. The act of accepting the hazardous waste at a properly licensed treatment or disposal facility does not meet the definition of disposal. The Contractor shall obtain all necessary documentation, including the completed uniform manifest, to verify the delivery and disposal of all items has been accomplished. A uniform manifest signed by an authorized agent of the disposal site will show the waste has been received, but only a letter from the site operator or other certification is permitted to represent actual disposal. The specific method of waste disposal and the disposal date must be reflected in this letter or certification. The certification of receipt of hazardous materials must be received by the Dublin MbM COR within 30 days of the shipment leaving the Dublin MbM facility. The certificate of treatment and/or disposal shall be received by the Dublin MbM COR in a timely manner, but not to exceed one year from the shipping date.

c. Prior to shipment for disposal, and as soon as possible after the waste has been consolidated, the Dublin MbM COR shall be provided copies of detailed waste container inventories. Waste weights shall be included as part of this documentation.

d. Invoices will not be paid unless a properly completed manifest has been received. The Contractor will submit manifests to the Dublin MbM COR immediately upon receipt from the disposal site and not wait to submit it with the invoice. The letter from the site verifying disposal will generally lag the uniform manifest. Final payment will not be made until such proof is received.

X. Disposal Sites The Contractor shall use a minimum number of disposal sites, which shall be identified in advance, when possible, and agrees sites other than these shall not be used without obtaining prior written approval from the Contracting Officer. No disposal sites outside of the continental United States shall be used. The Contractor shall provide adequate information for the Contracting Officer to judge whether or not the sites are approved by federal, state and local governments and are operated with such integrity that there are no pending administrative or judicial actions pending or likely to occur in the future.

b. Training

· This contract will include annual training for all Dublin MbM employees who handle hazardous, biological, and/or universal waste, at least once per year, per facility (maximum of twenty (20) employees). The hazardous waste training program will provide training to Dublin MbM employees who generate hazardous waste in Satellite Accumulation Areas; that have hazardous waste management responsibilities; ship, prepare or sign hazardous waste manifests or other hazardous materials shipping papers; who sign manifests or who are authorized to serve as their respective facility’s hazardous waste coordinator. Training will incorporate state specific regulations and include the following area:

· Resource Conservation and Recovery Act (RCRA) training per the state and federal regulations

· DOT Hazardous Materials training that meet the requirements of 49 C.F.R.§§ 172.704(a), (c) and (d)

· state specific regulations for storage, manifest completion, records management, emergency responsibilities, Land Disposal Restrictions and other pertinent topics

· The Contractor shall provide a qualified trainer and training agenda each year to conduct training to VA employees that meets requirements shown above.

c. Quality Control

· The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this statement of work. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the Contractor shall develop quality control procedures that address the areas identified in Performance Requirements Summary Technical Exhibit

1. After acceptance of the quality control plan, the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to the quality control system.

XI. Provide a primary and alternate point of contact for the Dublin MbM. Provide a list of names, titles, addresses, telephone numbers (including mobile), facsimile numbers and e-mail addresses of key managers, supervisors, customer service and field service personnel performing under this contract.

XII. Provide a plan describing Standard Operating Procedures (SOPs) that will be followed while conducting normal hazardous waste management activities that will be used to ensure that workers and nearby population will be adequately protected during packaging and removal operations. The Contractor shall describe:

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

b. Operational procedures and site management structure.

c. Supplies and equipment practices.

d. Hazard assessment and categorization procedures.

e. Packing and shipping procedures for hazardous, universal, and non-hazardous wastes.

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

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

h. Contractor and project management procedures.

XIII. Deliverables For each pickup of sharps and/or hazardous/nonhazardous waste materials, a container shall be delivered to replace the one picked up. The containers shall be of appropriate materials in accordance with EPA and Department of Transportation for transporting sharps or hazardous waste described in the above statement of work, in the sizes as indicated below.

a. 5-gallon container suitable to transport hazardous waste

b. 5-gallon container suitable to transport bio-hazardous waste

c. 5-gallon container suitable to transport incompatible hazardous waste

d. 20-gallon container suitable to transport non-hazardous waste

XIV. Business Associate Agreement A business associate agreement (BAA) between the VA and the Contractor is not a required document as part of this contract as no personal health information (PHI) under the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA) will be accessible to the Contractor.

XV. Insurance An ACORD insurance certificate will be required upon award. See Clause 52.228-5.

XVI. Payment Requirements

Upon notification of award, the Contractor must become vendorized in the VA fiscal systems. TheContractor must:

1) Submit a VA Form 10091 or SF 3881 ACH Vendor/Miscellaneous Payment Enrollment formto the VA Finance Service Center (FSC), if one is not already on file.

2) The Contractor must also submit a TIN and DUNS number to the Contract Officer forvendorization in the local VA VistA fiscal system, to create a purchase order.

3) Register and create an account in the online VA payment system, Tungsten/OB10. Go tohttp://www.va.gov/oaa/invoicing/faqs.asp for more information.

Payment will be made arrears, and upon submission and certification of a properly prepared invoice which references the period for which services conducted, the payment due date, the assigned purchaseorder number.

Invoices are to be submitted electronically to the VA Finance Service Center (FSC) the Tungsten/OB10web portal. Invoices submitted directly to the FSC or the facility will not be accepted, and will delay payment.

Tungsten/OB10 receives invoice data through the Internet and verifies certain data fields on behalf of theVA key to AP routing and approval, and sends a confirmation report to the Contractor’s contact.

Tungsten/OB10 will then create an invoice PDF for delivery into the VA accounts payable system. Thecertifying official at the station will certify the invoice for payment.

XIV. Performance Standards and Quality Assurance

a. 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).

b. Government Remedies: The Contracting Officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items” or 52.246-4, “Inspection of Services-Fixed Price” for Contractor’s failureto perform satisfactory services or failure to correct non-conforming services.

c. Performance Requirements Summary (PRS) The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items and the overarching objectives stated Description and Scope of Work, Section 11.The performance standards listed in the table below set thresholds for the minimum acceptable levels of service required for acceptable work under this SOW, identifies systematic methods to be used to monitor performance and reporting/documentation required to support the process. These thresholds are critical tomission success. The PRS serves as a basis for the Government’s QASP, providing the means for evaluating how well the Contractor is doing in meeting the statement of work requirements. The Government may increase the frequency of surveillance in areas where substandard performance occurs.

A results focus provides the Contractor flexibility to continuously improve over the course of performance as long as objectives are being achieved and performance levels are being met. This approach migrates away from scrutinizing a Contractor’s compliance with the processes/practices used to achieve the outcome. Exceptions to process reviews are those required by law (federal, state, and local)and compelling situations such as information assurance, IT security, safety, or health.

Technical Exhibit 1

Specification Item SOW Section/No.

Performance Objective Performance Standard (Minimum Acceptable Standard)

Method of Surveillance

Frequency of Surveillance

Collect and Dispose of Hazardous, Universal and non-RCRA Waste and materials in accordance with the established schedule.

Perf. Req. 1-8

Maintain supplies and equipment in good workable condition. Fleet should meet all requirements established.

Perf. Req. 4, 6

covering all regulatory areas at least once per year.

Provide documentation in accordance with the established schedule Perf. Req. 7

surveillance Quarterly

Maintain required licenses and permits Perf. Req. 2 Licenses and Permits must be maintained and provided to the facility in order to document compliance with all regulatory requirements.

Inspection Annually

XVI. Surveillance Methods: Any or all of the following may be used by the Government.

a. Direct Observation and 100% Surveillance. This method requires the COR to conduct surveillance of Contractor services each time the service is performed. Results will be annotated on a surveillance checklist. Any deficiency shall be documented and the Contractor shall re-perform service as directed by COR. Any unsatisfactory surveillance results identified but re-performed acceptably shall still be counted as an unsatisfactory surveillance.

b. Periodic Surveillances. This method requires the COR to employ a “spot check” style of evaluation based on the Contractor’s schedule. Periodic surveillances will be conducted on ascheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted, based on quality trends. Any unsatisfactory surveillance (defect) result shall be recorded the Contractor shall re- perform the service after notification by the COR.

c. Customer Complaints. The COR will receive and investigate complaints. The COR is responsiblefor initially validating customer complaints. The Contracting Officer shall make final determination of the validity of customer complaint(s) in cases of disagreement with the COR andthe Contractor. The Contractor shall re-perform services identified by validated customer complaints after notification by the COR.

XVII. Exceeding Performance Thresholds. Exceeding the performance threshold for a performance objectivein any one-month period may result in a warning or letter of concern from the Contracting Officer.

Exceeding the performance threshold for a performance objective for any two or more consecutive ornon-consecutive months during a contract period may result in unsatisfactory past performance documentation and constitute an immediate Progress Meeting with the Contracting Officer, COR, andother Government personnel as appropriate. All remedies for unacceptable performance will be in accordance with the federal Acquisition Regulation (FAR) clause

52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance.

f. Periodic Progress Meetings (PPM). The Contracting Officer, COR, or other government personnel as appropriate, and the Contractor shall periodically meet to discuss the Contractor’s performance. The following issues may be discussed; opportunities to improve the contract, any modifications required of the contract, unsatisfactory inspections and valid customer complaints against each performance objectiveobserved, and steps taken by the Contractor to prevent occurrences in the future. The Contractor shall provide a summation of unsatisfactory surveillance results and customer complaints and provide insight into any identified trends.

XIX. Acronyms ACORD Certificate of Liability Insurance – A summarization of a Contractor’s insurance policy, such ascoverage types, policy numbers, insurance limits, and effective and expiration dates.

BAA Business Associates Agreement. – Under the U.S. Health Insurance Portability and Accountability Act of 1996, a HIPAA business associate agreement (BAA) is a contractbetween a HIPAA-covered entity and a HIPAA business associate (BA). The contract protects personal health information (PHI) in accordance with HIPAA guidelines.

CESQG Conditionally Exempt Small Quantity GeneratorCOR Contracting Officer’s Representative DOT Department of Transportation EPA Environmental Protection FSC VA Finance Service Center HIPAA U.S. Health Insurance Portability and Accountability Act of 1996 – Legislation thatprovides data privacy and security provisions for safeguarding medical information.

PHI Personal Health Information – Information in a medical record that can be used to identify an individual, and that was created, used, or disclosed in the course of providinga health care service, such as a diagnosis or treatment.

SAM System for Award Management (www.sam.gov) – All Contractors must be registered inSAM to be eligible for award.

SDVOSB Service Disabled Veteran Owned Small Business – All SDVOSB Contractors must becertified in VIP to be eligible to participate in SDVOSB set asides.

Tungsten/OB10 – An internet invoicing network for the VA.

VIP Contractor Information Pages (https://www.vip.vetbiz.gov) – All SDVOSB and VOSBContractors must be certified in VIP to be eligible to participate SDVOSB set asides.

XVIII. STATION INFORMATION

a. Contracting Team

Contracting Officer; Christy M. Pendlay Christy.pendlay@va.gov Contract Specialist; Melanie Raney-Johnson melanie.raney-johnson@va.gov

d. Contracting Officer’s Representative (COR)

Pursuant to VAAR Provision 852.270-1, Contracting Officer’s Representative (COR), shall be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the Contracting Officer (CO) and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially, with regard to, changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

e. Onsite Requirements The Contractor's representative will schedule all work with the COR. The COR will be designated at the time of award. All contract personnel shall remain with their vehicle while the COR delivers totes to the respective vehicle for destruction. The COR will witness the shredding process. After the work is performed, the COR will return totes to their respective locations and the Contractor shall deliver destruction report for the service performed.

f. Interference with Business The services under this contract shall be performed in such a way that there will be no interruption to or interference with the normal operation of Government business on the premises. Persons employed by the contractor shall, while on the premises, comply with all applicable regulations.

The Contractor may be required to interrupt its work at any time so as not to interfere with the normal functioning of the facilities, fire protection systems, facility patients’ personnel and equipment.

The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees and carefully schedule its own work to such additional work as may be directed by the COR. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

e. Hours of Operation Core Work Hours: Services shall be performed according to specifications of Government point of contact and Contracting Officer’s Representative (COR). The COR normal work hours for this facility are Monday through Friday, 8:00am to 4:30pm.

Weather Delays: In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, then work may be rescheduled to a date and time satisfactory to the COR. Climate or weather postponement will not cause any penalties to be assessed to the Contractor, nor shall there be any additional cost to the Government.

Holidays: The following federal holidays are observed; however, circumstances may warrant approval for work on those days upon authorization. Additionally, any other day designated by Federal law, Executive Order, or presidential proclamation.

New Year's Day Martin Luther King Jr.'s Birthday Washington’s Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies. Specific holiday dates for a given year are available on the OPM.GOV website.

XX. Smoking Policy Vendor is advised, the Government has placed restrictions on the smoking of tobacco products in Government facilities. Vendor’s employees and visitors are subject to the same restrictions as Government personnel. Smoking is permitted only in designated smoking areas.

XXI. Safety and Environmental Requirements The Contractor shall comply with all local, state and federal laws, environmental and safety regulations. Compliance with OSHA and other applicable laws and regulations for the protection of Contractor’s employees is exclusively the Contractor’s obligation, and the Government will assume no liability or responsibility for the Contractor’s compliance or non-compliance with such responsibilities. The Contractor shall provide Contractor’s employees with all necessary personal protective clothing and equipment.

In the performance of this contract, the contractor shall take such safety precautions as the Contracting Officer or his designee may determine to be reasonably necessary to protect the lives and health of the occupants of any building. The Contracting Officer or his designee will notify the contractor of any noncompliance with the foregoing provisions and action to be taken. After receipt of such notice, the Contractor shall immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor, his representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any apart of the work and hold the contractor in default as provided for elsewhere in this contract.

c. Weapons, Firearms, and Ammunition Contractor’s employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or on Government property while at the Meds By Mail facility.

d. Fire Prevention and Safety Contractor’s employees shall comply with the Occupational Safety and Health Act (OSHA) and the Fire Prevention and Health Program.

e. Standards of Conduct The Contracting Officer or COR shall refer to the Contractor for immediate action (including, but not limited to, removal from the work site) any contract technician whose personal or professional conduct jeopardizes or interferes with the regular and ordinary operation of Meds By Mail facility. Breaches of conduct include, but are not limited to, intoxication or debilitation resulting from drug use; theft; dereliction; negligence in performing tasks or other conduct resulting in complaints by staff or management.

f. Illegal Substances Illegal substance possession, use, or distribution will not be tolerated on any Government installation, including Meds By Mail. This includes prescribed medical marijuana. The contractor shall ensure that contractor employees who have access do not possess, use, or distribute illegal substances. All vendors are required to adhere to all local, state and federal laws concerning possession and/or use of illegal substances. Vendors found to be in possession of illegal substances will be barred from the installation and subject to arrest and prosecution by local authorities. Contract technicians performing services at Meds By Mail facility may be subject to random drug screening or screening for cause as determined by VA, to ensure compliance with the standard in 38 CFR 1.218.

Page 1 of

Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and…