RFQ NO. 75H70724Q00130 - BIOHAZARDOUS AND PHARM WASTE PICKUP (UMUHC).pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225 Albuquerque Indian Health Service

CODE 16. ADMINISTERED BYCODE

X

X

X

562211

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR203

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

10/25/2024 1730 MD

10/10/2024

505-256-6755SHANDIIN DEWOLFE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70724Q00130

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 47 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Albuquerque Indian Health Service

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Solicitation No. 75H70724Q00130 is hereby issued for Biohazardous & Pharmaceutical Medical Waste Pickup and Disposal Services to be provided for the Ute Mountain Ute Health Center (UMUHC) located in Towaoc, CO, starting January 01, 2025 and ending December 31, 2025. The resulting award will consist of a base year with four option years.

TOTAL ISBEE CASCADING SET-ASIDE

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

SHANDIIN R. DEWOLFE

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Under the Buy Indian Act, 25 U.S.C. 47, through the transfer of authority from the Department of

Interior (DOI) to the Department of Health and

Human Services (HHS), offers will be solicited from Indian Small Business Economic Enterprises

(see HHSAR Subpart 326.6) that are also small business concerns. If there is not receive enough competition and/or reasonably priced offers received from the ISBEE set-aside, then quotes will be considered for award to other small business concerns. Any acquisition resulting from this cascading set-aside will be from such a concern as follows:

1st Tier: Indian Small Business Economic

Enterprise (ISBEE)

2nd Tier: Small Disadvantaged Business (SDB)

3rd Tier: Woman-Owned Small Business (WOSB)

4th Tier: All Other Small Business Concerns

Offers received from enterprises that are not one of these small business concerns will not be considered at this time.

***Please remember to submit a signed SF-1449

(first page only) in blocks 30a, 30b, and 30c to indicate that the entire solicitation has been read and understood in its entirety. Thank you!***

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

47 2 of

Biohazardous Medical Waste Pickup and Disposal Services

Solicitation No. 75H70724Q00130 ‐Ute Mountain Ute Health Center‐

SECTION 1 ‐ SUPPLIES OR SERVICES AND PRICES/COSTS

1.1 SERVICES

1.1.1 The Indian Health Service (IHS)/Albuquerque Area Office (AAO), Albuquerque Service Unit (ASU) has a requirement for Biohazardous & Pharmaceutical Medical Waste Pickup and Disposal Services to be provided to the Ute Mountain Ute Health Center (UMUHC) located in Towaoc, CO, starting January 01, 2025 and ending December 31, 2025. The resulting award will consist of a base year with four option years.

1.1.2 This will result in one firm‐fixed price (FFP) award.

1.2 PRICE OR COST

This will result in one Firm‐Fixed‐Price (FFP) purchase order. The prices listed in the “SCHEDULE OF CHARGES” below are expected but may not be representative of actual pricing and serve as a means of arriving at price reasonableness for award purposes. Utilization of the FFP contract has been determined to be appropriate for Biohazardous Waste Pickup Services, as the government anticipates a recurring need, but cannot pre‐determine the precise quantities that will be ordered during the contract period.

1.3 GENERAL CONTRACT INFORMATION

1.3.1 As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico.

1.3.2 The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of Colorado Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W‐2 to the contractor.

1.4 CONTRACT PRICE

1.4.1 This is a FFP purchase order. The total price for this contract is $TBD.

1.4.2 The Contractor shall be paid upon submission of an invoice and completion and/or verification (if service) are completed by the Contracting Officer's Representative (COR), of the services indicated below:

SCHEDULE OF CHARGES**

Item # Contract Period Pricing for each service Total Amount

CLIN 1

Base Year:

01/01/2025 – 12/31/2025

1. Regulated Medical Waste & Sharps:

$_________/month x 12 months/year =

Disposal Services

Solicitation No. 75H70724Q00130

2. Pharmaceutical Waste: $_________/pickup x 4 pickups/year= $________

$______________/year

Optional One‐Time Startup Fee (optional):

CLIN 2 1st Option Year:

01/01/2026 – 12/31/2026

1. Regulated Medical Waste & Sharps:

pickups/year= $________

CLIN 3 2nd Option Year:

01/01/2027 – 12/31/2027

1. Regulated Medical Waste & Sharps:

pickups/year= $________

CLIN 4 3rd Option Year:

01/01/2028 – 12/31/2028

1. Regulated Medical Waste & Sharps:

$_________/month x 12 months/year= pickups/year= $________

CLIN 5 4th Option Year:

01/01/2029 – 12/31/2029

1. Regulated Medical Waste & Sharps:

pickups/year= $________

GRAND TOTAL (base year + option years): $__________________

* ‐ Note‐ There shall be four 44‐gallon dumpster containers provided for each site (8 total) for “Regulated Medical Waste & Sharps” and one container will be needed for “Pharmaceutical Waste.” The containers shall be provided by the vendor.

Disposal Services

Solicitation No. 75H70724Q00130

* ‐ All‐inclusive: The monthly cost should be inclusive of all necessary labor, materials, dumpster rental, equipment, supplies, mileage, fuel charge, stop charge, no‐waste fee, all city, state, federal, and local taxes, etc.

necessary to provide biohazardous & pharmaceutical medical waste pickup and disposal services. Please include start‐up cost, if necessary.

***There is a fillable table attached for your usage or you may use a format of your own. Please include a breakdown of pricing, as necessary***

1.5 OPTION PRICES

1.5.1 Unless the Government exercises its option, pursuant to the option clause referenced in the Contract Clauses section, this contract consists only of the Base Period specified in this contract.

1.5.2 Pursuant to either the FAR Clause 52.217‐8, Option to Extend Services or the FAR Clause 52.217‐9, Option to Extend the Term of the Contract, the Government may, via a unilateral contract modification, require the Contractor to perform the Option Period(s) as defined in the SOW of this contract. A notice that the Government intends to exercise any of the options will happen prior to the contract’s expiration date (typically 60 days prior). If the option is not exercised within 30 days of the start date, a unilateral signature will be required. When exercising an option period, the fixed price rate of this contract is listed in the table above.

1.5.3 Upon the delivery and acceptance of the Option Services described in the SOW of the contract and identified in the schedule of charges above, the Government shall pay the Contractor the listed rate(s) and will be paid from the following Contract Line Item Numbers (CLINs), accordingly.

1.5.4 If the Government exercises its option, the Government's total estimated contract amount, represented by the sum of the price of base plus option periods and the period of performance will be as listed above.

SECTION 2 – DEFINITIONS:

2.1 Acceptance: Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements, except as provided in FAR subpart 46.5 and subject to other terms and conditions of the contract.

2.2 Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.)

conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.

2.3 Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units.

2.4 Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.5 Contracting Officer's Representative (COR): A federal employee who assists the ordering/issuing activity‐ contracting officer in the administration of task orders issued under this contract. The COR is primarily responsible for the technical assistance and day‐to‐day program management of the ordering activity's task orders. Ordering activities may have different designators for this employee.

2.6 Contractor: The individual award a legal binding contract to provide supplies and services.

2.7 Customer: Staff of the IHS service unit and health center.

Disposal Services

Solicitation No. 75H70724Q00130

2.8 Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor's performance.

2.9 Dependability: Qualities of being trusted and being able to repeat the same task to yield the same result.

2.10 Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.

2.11 Indian Health Service Housing Units: A facility physically separated from a hospital, consisting of housing units with sheds/garages.

2.12 Non‐Personal Services Contract: Contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

2.13 Ordering Activity: An authorized user of IHS that may issue a task order to obtain required services under this contract.

2.14 Outcome: End result.

2.15 Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts.

2.16 Quality Assurance Surveillance Plan (QASP): A written document prepared and used by the government for Quality Assurance surveillance of the contractor's performance.

2.17 Service Contract: A contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a non‐personal or a personal contract. It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis.

2.18 Service Unit: The local administrative unit of IHS.

2.19 Technical Direction: A directive to the Contractor that approve approaches, solutions, designs, or refinements;

fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section 5 of this contract.

SECTION 3 – GOVERNMENT‐FURNISHED PROPERTY AND SERVICES: The Government shall provide Government property to the Contractor for use in the performance of this contract. This property used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245‐1, Government Property, if applicable.

SECTION 4 – CONTRACTOR‐FURNISHED ITEMS: The Contractor shall furnish all labor, personnel, supervision, transportation, materials, equipment, and incidental supplies necessary to provide Biohazardous Waste Pickup and Disposal Services for the Ute Mountain Ute Health Center located in Towaoc, CO.

SECTION 5 – STATEMENT OF WORK (SOW)

5.1 The purpose of this solicitation is for the implementation of Biohazardous & Pharmaceutical Medical Waste

Pickup and Disposal Services for the following Albuquerque Area Indian Health Service (IHS) locations:

Disposal Services

Solicitation No. 75H70724Q00130

Ute Mountain Ute Health Center

232 Rustling Willow Street Towaoc, CO 81334

Ute Mountain Ute Health Center (Modular Building) 239 Rustling Willow Street Towaoc, CO 81334

Note: Regulated Medical Waste and Sharps Waste will be picked up at both locations on a monthly basis.

Pharmaceutical Waste will be picked up at 232 Rustling Willow Street location only on a quarterly basis.

DESCRIPTION OF SERVICES/SUPPLIES

The contractor shall be in accordance with all Federal, State, Local, Tribal and IHS regulations and shall be made with minimal divergence from the schedule established and with minimum disturbance and maximum protection of government personnel, property and general public.

These services will include the following:

1. Collection and disposal of Regulated Medical Waste and Sharps Waste Management:

This will be scheduled for monthly pickups at both locations.

Regulated Medical Waste disposal (non‐sharps): To include items that are contaminated with human diagnostic specimen material (i.e., body fluids, tissue debris) such as linens, gloves and other disposable PPE contaminated with specimen or culture material.

SHARPS Waste Management: To include any device that is sharp enough to puncture the skin and that is contaminated with a biological material that is an infectious disease transmission risk, or an environmental release risk such as Needles, disposable syringes, capillary tubes & scalpels contaminated with human materials.

Required Containers: Contractor shall provide red hazardous waste containers, lids and bags. The contractor shall supply storage containers with each container having a minimum 44‐gallon capacity. The containers must be approved for the storage of medical infectious waste including Occupational Safety and Health Administration (OSHA) blood‐borne pathogen standards as well as be clearly marked with "BIOHAZARD" and the international biohazard symbol. Empty containers delivered for use shall be clean, disinfected, and free of any residual debris. Four 44‐gallon containers are needed for each site (eight total).

2. Pharmaceutical Waste Management and Disposal:

This will be scheduled for quarterly pickups at one location only (232 Rustling Willow St) and can coincide with the Regulated Medical Waste and Sharps Waste Management pickups, if preferred.

Provide quarterly pick up of medication, pharmaceuticals and their components as regulated by federal and local regulations or laws.

Required Containers: Dedicated non‐RCRA pharmaceutical container, marked for incineration. One container will be needed for one site only.

More information:

‐Containers:

Contractor shall provide appropriate containers and maintain a maintenance program. They shall be responsible for all repairs and maintenance for the duration of the rental agreement.

Disposal Services

Solicitation No. 75H70724Q00130

The Contractor shall be responsible for properly labeling and handling all containers used for collecting and transporting all medical waste in accordance with all Federal, State, Local, and Tribal Government laws and regulations.

Contractor shall be responsible for equipment failure not arising out of abuse or negligence by the government.

Handling & Labeling: The Contractor shall be responsible for properly labeling and handling of containers used for collecting and transporting all waste in accordance with all Federal, State, and Local Government laws and regulations.

‐Customer Support:

The contractor shall provide ongoing support to identify controlled substance wastes, hazardous wastes, and other drug wastes to make sure that each is disposed of properly.

The contractor shall provide customer service as needed.

‐Delivery Schedule & Location:

Manifests shall be provided for the weekly pick‐ups/disposals and list the number of pounds processed for the biomedical waste and sharps containers waste and any pharmaceutical waste, as required.

The required delivery schedule for the containers in this contract shall be within the time frame to be determined by the Contractor and COR or other POC at UMUHC.

The Safety Officer or designee will be available to unlock the biohazard sheds.

Inclement Weather Schedule:

o In cases of severe weather, the Contracting Officer’s Representative (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.

‐Training Support (recommended, but not required – please make a note within your proposal if these types of trainings can be provided by your company.):

The contractor shall provide annual training to all staff covering Blood Borne Pathogens and updates to the OSHA regulations. Additionally, On‐Demand Online training for various compliance items will be provided.

Annual Training for Pharmacy and Nursing staff on Pharmaceutical Waste Regulations as a refresher and covering new regulations.

DOT‐required training shall be provided for facility staff who will sign the pick‐up manifest.

SERVICE CONTRACT WAGE DETERMINATION

Service Contract Act (SCA) Wage Determination (WD) #2015‐5435, Revision No. 25, dated 07‐21‐2024 is hereby incorporated.

5.2 Work Schedule:

5.2.1 Solid Waste Removal Services will be scheduled during normal business hours of Monday ‐ Friday, 0800‐ 1700, excluding all Federal Holidays.

5.3 Performance Evaluation:

5.3.1 The contractor must be able to meet the requirements of the services listed in the SOW to a satisfactory degree.

Disposal Services

Solicitation No. 75H70724Q00130

5.3.2 The Contractor will immediately report to the COR any information or circumstances that may violate any statute, policy, or procedure, including any changes in applicable federal, state, county, or tribal regulations or licensure requirements that may affect the services that are received.

5.4 CONTRACTOR QUALIFICATION REQUIREMENTS:

Minimum Qualifications:

1. Vendor must have an active registration in sam.gov and provide the UEI number.

2. Vendor must be knowledgeable of all necessary regulations and industry standards to fulfill the requirements and provide Biohazardous Medical Waste Pickup and Disposal Service in a safe and timely manner.

3. Vendor must provide evidence of past performance of the same or similar experience within the last five years.

4. The contractor shall maintain throughout the term of this agreement:

a. A current Hazardous Material Haulers Permit issued by the Department of Transportation to perform delivery of services.

b. Evidence of compliance as determined by Federal Safety Standards authorizing personnel.

c. Evidence of any required certification and/or licensure shall be provided to the Contracting Officer and must be maintained in an active and current status through the performance period. Evidence of renewals shall be provided to the Contracting Officer and Contracting Officer’s Representative upon request.

5. The contractor shall furnish to the contracting officer, prior to commencement of performance, evidence of insurance coverage described as follows:

a. Evidence of Worker's Compensation Insurance and Liability Insurance for all employees, facilities, and vehicles.

b. For the purpose of fulfilling obligations under this paragraph, the Contractor shall procure and maintain during the term of performance, Liability Insurance in form satisfactory to the Contracting Officer. The amount of the insurance shall not be less than $100,000 each person, $300,000 each occurrence and $100,000 property damage.

c. The contractor shall indemnify and hold the government harmless for any and all losses, damages or liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made, arising out of the activities of the Contractor, his employees, subcontractors, or agents under this purchase order.

d. Each policy of insurance shall contain an endorsement providing that cancellation by the insurance company shall not be effective unless copies of the notice of cancelation sent via registered mail to the AAO‐IHS Contracting Officer 30 days prior to the effective date of cancellation.

Disposal Services

Solicitation No. 75H70724Q00130

5.5 When the Contractor demonstrates impaired judgement, they cannot continue working on the purchase or task order. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.

SECTION 6.0 QUALITY ASSURANCE SURVEILLANCE PLAN

Performance‐Based Task

Indicator Standard Quality Assurance Incentives

1. Provide Biohazardous Medical Waste Pickup and Removal Services on a monthly basis at two locations for the Ute Mountain Ute Health Center located in Towaoc, CO.

All pickups are made on time.

Outstanding – 100% of pickups are being provided.

Acceptable – 80 to 99% of pickups are being provided.

Satisfactory – 65 to 80% of pickups are being provided.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.

Outstanding ‐ Means there are no issues so payments processed promptly.

Acceptable ‐ Means there are some issues so payments are on hold until issues cleared.

Satisfactory ‐ Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

2. Contractor shall remain current with all required licenses and certificates necessary for compliance with regulations.

All licenses and certificates are current.

Outstanding – 100% of licenses/certificates are being maintained.

Acceptable – 80 to 99% of licenses/certificates are being maintained.

Satisfactory – 65 to 80% of licenses/certificates are being maintained.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.

Outstanding ‐ Means there are no issues so payments processed promptly.

Acceptable ‐ Means there are some issues so payments are on hold until issues cleared.

Satisfactory ‐ Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

3. Maintain dumpsters and ensure the cleanliness and functionality of each receptacle.

Should meet standards required for the “Containers”, as listed within

SOW.

Outstanding – 100% of standards are being met.

Acceptable – 80 to 99% of standards are being met.

Satisfactory – 65 to 80% of standards are being met.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.

Outstanding ‐ Means there are no issues so payments processed promptly.

Acceptable ‐ Means there are some issues so payments are on hold until issues cleared.

Satisfactory ‐ Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

4. Provide customer service to the COR and/or Project Office, as necessary or requested.

All requests are answered in a timely manner.

Outstanding – 100% of requests are being resolved in a timely manner.

Acceptable – 80 to 99% of requests are being resolved in a timely manner.

Satisfactory – 65 to 80% of requests are being resolved in a timely manner.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.

Outstanding ‐ Means there are no issues so payments processed promptly.

Acceptable ‐ Means there are some issues so payments are on hold until issues cleared.

Satisfactory ‐ Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

SECTION 7 ‐ PACKAGING AND MARKING

7.1 PACKAGING

Disposal Services

Solicitation No. 75H70724Q00130

All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.

7.2 MARKING

Each package/container delivered to the address shown in Section 10 entitled "Contracting Officers' Representative Appointment and Authority," and shall be clearly marked as follows:

• Name of Contractor

• Contract Number

• Description of Items Contained Therein

• Consignee's Name and Address

7.3 DELIVERY

All deliverables shall be delivered to the following address, if necessary:

Ute Mountain Ute Health Center 232 Rustling Willow St Towaoc, CO 81334

SECTION 8 ‐ INSPECTION AND ACCEPTANCE

8.1 INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.

8.2 FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES

FAR Clause No. Title Date

52.246‐4 Inspection of Services – Fixed Priced (Aug 1996)

SECTION 9 ‐ DELIVERIES OR PERFORMANCE

9.1 PERIOD OF PERFORMANCE: The period of performance is a base year with four option years, if extended by modification to this contract. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217‐9 ‐ Option to Extend the Term of the Contract (Mar 2000); upon written notification by the Contracting Officer within 60 days of contract expiration.

9.1.1 Services under this contract shall typically commence as listed below:

Base Year: 01/01/2025 – 12/31/2025 1st Option Year: 01/01/2026 – 12/31/2026 2nd Option Year: 01/01/2027 – 12/31/2027 3rd Option Year: 01/01/2028 – 12/31/2028 4th Option Year: 01/01/2029 – 12/31/2029

Disposal Services

Solicitation No. 75H70724Q00130

9.1.2 Performance will be for the period of 01/01/2025 to 12/31/2025 unless the period changed by written modification to the purchase order in accordance with FAR 52.217‐9, Option to Extend the Term of the Contract.

9.1.3 Total contract award must not exceed one year, unless option year is exercised. Option period renewal is dependent on satisfactory services provided availability of funds for the appropriate fiscal year, and existing requirements.

9.2 PLACE OF PERFORMANCE: The contractor must provide Biohazardous Medical Waste Pickup and Removal Services to the following Albuquerque Area Indian Health Service Facilities:

Ute Mountain Ute Health Center 232 Rustling Willow Street Towaoc, CO 81334

Ute Mountain Ute Health Center (Modular Building) 239 Rustling Willow Street Towaoc, CO 81334

9.3 GOVERNMENT HOLIDAYS (https://www.federalpay.org/holidays)

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

*Any other day specifically declared by the President of the United States to be a national holiday (see www .opm.gov/fedhol).

SECTION 10 ‐ CONTRACT ADMINISTRATION

10.1 AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract.

The Federal Acquisition Regulation defines an unauthorized commitment as an agreement that is not binding solely because the government representative who made it lacked the authority to enter into that agreement on behalf of the government. Only contracting officers have the authority to make purchases or award contracts.

Upon receipt and/or execution of any order placed for goods or services, the vendor shall verify that the Government Agent issuing the order has necessary authority to entire into the purchase order/contract. If it is determined that the vendor failed to do so, they may be held liable for future Unauthorized Commitments.

10.2 CONTRACTING OFFICER

The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this purchase order is:

Shandiin DeWolfe, (CO) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110

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Phone: 505‐256‐6755 Email: Shandiin.DeWolfe@ihs.gov

Send all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract:

CONTRACT ADMINISTRATOR

All Contract administration performed by:

Shandiin DeWolfe, Contract Specialist (CS) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505‐256‐6755 Email: Shandiin.DeWolfe@ihs.gov

HHSAR 301‐602‐3 Ratification of Unauthorized Commitments: The Government is not bound by agreements with, or contractual commitments made to, prospective contractors by individuals who do not have delegated contracting authority. Unauthorized commitments do not follow the appropriate process for the expenditure of Government funds. Consequently, the Government may not be able to ratify certain actions, putting a contractor at risk for taking direction from a Federal official other than the contracting officer. See FAR 1.602‐1.

Government employees responsible for unauthorized commitments are subject to disciplinary action.

Contractors perform at their own risk when accepting direction from unauthorized officials. Failure to follow statutory and regulatory processes for the expenditure of Government funds is a very serious matter.

10.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR) & ALTERNATE CONTRACTING OFFICER’S REPRESENTATIVE

(ALT‐COR)

10.3.1 Janette Harrell, (xxx)xxx‐xxxx, @ihs.gov, is hereby designated as COR for this service. The COR’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

10.3.2 Leanna VanKeuren, (xxx)xxx‐xxxx, TBD@ihs.gov, is hereby designated as Alternate COR for this service.

The Alternate COR’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder, when the primary COR is not available. The Alternate COR does not have the authority to change or alter the order amount, terms and conditions.

10.3.3 The COR’s and Alternate COR’s responsibilities will include ensuring contractor accountability.

Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the SOW. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.

10.4 TECHNICAL MONITORING

(a) Performance of work under this contract must be subject to the technical direction of the COR identified above, or designated in writing. The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the SOW accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that

(1) Constitutes a change of assignment or additional work outside the specification(s)/ statement of work;

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(2) Constitutes a change as defined in the clause entitled "Changes;"

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(c) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the

COR. If, in the opinion of the Contractor, any direction of the COR, or his designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.

(e) Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

10.5 INVOICE SUBMISSION

10.5.1 The Contractor shall submit invoices daily, weekly, or monthly as necessary. Advance payments will not be issued by Finance unless stated herein. Upload complete invoice with all required documentation to:

https://www.ipp.gov

* Please do not send any invoices or any invoice‐related documents (such as deliverables, reports or balance statements) to the Contracting Officer or Finance Department. Failure to upload required documents directly to the website listed above will delay prompt payment of your invoice.

10.5.2 Request for Taxpayer Identification Number and Certification

A form W‐9 shall be submitted to the Albuquerque Area Indian Health Service Division of Accounting Services by either of the following:

1. Encrypted Email: ALB_AOAPinvoices@ihs.gov or

2. Secure Fax: (505) 256‐6851

Failure to submit the required form W‐9 to the office(s) listed above will delay issuance of the IRS 1099 Form.

10.5.3 Credit memos will not be accepted as a form of refund. All refunds are to be submitted via a check addressed to:

Albuquerque Area Indian Health Service Division of Accounts Receivable 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110

10.5.4 Additionally, the Contractor is required to include the Unique Entity Identifier (UEI) on each invoice.

For additional information about the UEI (hhtps://www.sam.gov).

10.5.5 Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, Disposal Services

Solicitation No. 75H70724Q00130 partial payments, deliverables, etc.

All information set forth in FAR 32.905(b) ‐ Content of Invoices, must be included in all invoices for it to constitute a proper invoice:

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of landing number and weight of shipment will be shown for shipments on Government bills of landing.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

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

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(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 must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232‐38, Submission of Electronic Funds Transfer Information with Offer), 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.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost‐reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(4) Per the Accounts Payable office, failure to submit invoices to the IPP Website can result in delayed payment of your invoice.

10.5.6 In accordance with OMB Memorandum, M‐11‐32, Agencies shall make payments to small businesses

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Solicitation No. 75H70724Q00130 as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late‐payment interest penalty. Interest penalties, as prescribed by Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."

10.5.7 Additionally, in accordance with OMB Memorandum, M‐12‐16, fill prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMS Memorandum M‐11‐32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

10.5.8 In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232‐33 Payment by Electronic Funds Transfer.

SECTION 11 ‐ SPECIAL CONTRACT REQUIREMENTS

11.1 CONTRACTOR PERFORMANCE EVALUATION REPORT

11.1.1 During the life of this contract, the contractor's performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Evaluation will become part of the contract file and will be used as past performance information in evaluating the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts.

11.1.2 Contractor Performance Assessment Report System (CPARS) is an on‐line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance.

SECTION 12 ‐ FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

12.1 CLAUSES INCORPORATED BY REFERENCE ‐ FAR 52.252‐2 (FEB 1998)

This Contract incorporates FAR provisions/clauses referenced, 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. The full text of a clause accessed electronically at this website address: FAR ‐ https://www.acguisition.gov/far/index.html.

FAR Clause Title Date

52.203‐3 Gratuities Apr 1984

52.203‐5 Covenant against Contingent Fees May 2014

52.203‐7 Anti‐Kickback Procedures June 2020

52.203‐8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203‐10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

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52.212‐4 Contract Terms and Conditions – Commercial Products and Commercial Services Nov 2023

52.224‐1 Privacy Act Notification Apr 1984

52.224‐2 Privacy Act Apr 1984

52.229‐3 Federal, State, and Local Taxes Feb 2013

52.232‐11 Extras Apr 1984

52.232‐40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

52.233‐4 Applicable Law for Breach of Contract Claim Oct 2004

52.237‐3 Continuity of Services Jan 1991

52.239‐1 Privacy or Security Safeguards Aug 1996

52.242‐13 Bankruptcy Jul 1995

52.242‐15 Stop‐Work Order Aug 1989

52.245‐1 Government Property Sep 2021

52.249‐8 Default (Fixed‐Price Supply and Service) Apr 1984

52.253‐1 Computer Generated Forms Jan 1991

Following Clauses in Full Text:

12.2 FAR 52.212‐5 ‐ CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS ‐ COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233‐3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108‐77 and 108‐78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203‐17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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__ (5) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jun 2020) (Pub. L.

109‐282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

_X_ (7) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div.

C).

__ (8) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct 2016) (Pub.

L. 111‐117, section 743 of Div. C).

X (9) 52.204‐27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of

Pub. L. 117‐328).

__ (10) 52.204‐28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi‐Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).

__ (11) (i) 52.204‐30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L.

115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204‐30 X (12) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (13) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] _X_ (18) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219‐6.

__ (19) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219‐7.

X (20) 52.219‐8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219‐9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219‐9.

__ (iii) Alternate II (Nov 2016) of 52.219‐9.

__ (iv) Alternate III (Jun 2020) of 52.219‐9.

__ (v) Alternate IV (Sep 2023) of 52.219‐9.

_X_ (22) (i) 52.219‐13, Notice of Set‐Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219‐13.

__ (23) 52.219‐14, Limitations on Subcontracting…