S02-36C24724Q0309-Regulated Medical Waste and Sharp Disposal.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

534-24-3-5036-0126

36C24724Q0309 01-31-2024

Natasha Mixon Natasha.Mixon@va.gov 02-21-2024

10:00AM EST

Department of Veterans Affairs

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

X 100

X

562211

$47 Million

N/A

X

See Delivery Address

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

FMS-VA-2(101)

Electronic Submission to:

http://www.fsc.vs.gov/einvoice.asp

877-489-6135

See CONTINUATION Page

Service: Regulated Medical Waste & Sharp Disposal

Contractor should complete the SF1449 with their information and Fill in the Price/Cost Schedule and return with attached quote

Direct all questions to Natasha.Mixon@va.gov no later than 2/9/2024

No responses will be accepted after the response deadline

There will be no exceptions

See CONTINUATION Page

X X

ROBERT STEPHENS

CONTRACT OFFICER

36C24724Q0309

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...30

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

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

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

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT 1-EVALUATION CRITERIA

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 36C247

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

REGULATED MEDICAL WASTE AND REUASABLE SHARPS CONTAINER DISPOSALS

A. GENERAL:

1. Regulated Medical Waste (RMW) disposal includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

This includes all manifests and proof of destruction.

2. A turnkey service program for all sharps, providing reusable containers, mounting brackets, carts, and interim storage containers for transport must be available once the contract period of performance begins.

3. Contractor is responsible for providing a contingency plan identifying how they will ensure continuity of services in the event of inclement weather, driver absence or equipment failure.

4. Contractor will utilize landfills within the industry that transforms waste to clean, renewable energy.

B. WORK HOURS:

1. Normal Work Hours: The service schedule will be developed between the contractor and Contracting Officer Representative prior to services being performed, but will generally be performed during normal business hours, 7:00am-5:30pm, Monday-Saturday.

2. National Holidays: The ten holidays observed by the Federal Government are: 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 .and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

C. SPECIFICATIONS:

1. Regulated Medical Waste:

a. For regulated medical waste, the contractor shall furnish sufficient number of 30-50 gallon (approximate), red plastic, puncture proof tubs with snap tight lids, a red plastic liner for each tub, applicable labels required by law, all required documentation, pick-up, and disposal of infectious waste (and non-hazardous pharmacy drugs) based on the estimated weekly infectious waste of 2400 pounds at the Main Campus (Ralph H. Johnson VA Medical Center. 109 Bee Street, Charleston, SC 29401) and various volumes as outlined in Attachment A for our offsite locations. Pick-ups will normally be scheduled at a minimum of twice per week (Tuesday and Friday) for the main campus and as outlined in Attachment A for our satellite locations. If quantities increase or decrease, pick-ups shall be adjusted accordingly.

Contractor will provide pick-up within 24 hours for an increase in quantities.

b. For regulated medical waste, all contractor provided containers shall be leak-proof, stackable, sealable, and transportable. All containers will be large enough to place regulated medical waste in red bag without manipulation. Containers will be designed so that government employees will not be required to lift more than 35 lbs., and shall display the universal biohazard symbol. All containers shall be damage free and in good working order at all times.

c. For regulated medical waste, all containers must be identifiable as to the type of hazardous waste contained within, (i.e. yellow for chemo, red for medical waste) all containers shall be approved by the COR.

d. For regulated medical waste, contractor will remove full containers and replace them with an equal number of empty sanitized containers at the designated centralized regulated medical waste storage area. Sanitizing shall be completed by the contractor off-site.

e. The contractor is responsible for providing a manifest of all items picked up for (number of containers, weights, and sizes) at the time of pick-up to the COR of their designee. A detailed destruction manifest of all medical waste containers transported from the VAM Medical Center to include the date of pick up, location and the weight of content of the containers as well as the date and place of destruction is to be provided to the COR within thirty (30) calendars days of destruction.

2. Reusable Sharps Containers

a. Contractor shall provide the necessary quantities of reusable sharps containers in varying sizes from 2 to 19 gallons, wall mounting brackets, and carts capable of keeping reusable containers tamper resistant throughout the Main Campus (Ralph H. Johnson VA Medical Center. 109 Bee Street, Charleston, SC 29401) and at all offsite locations. All reusable sharps containers must be the type approved by RHJ VAMC Infection Control Department. Pick-ups will normally be scheduled at a minimum of twice per week (Tuesday and Friday) for the main campus and as outlined in Attachment B for the offsite locations. If quantities increase or decrease, pick-ups shall be adjusted accordingly.

b. Reusable sharps containers will be puncture proof, preassembled, leak proof, lockable, with sight/view port, and overfill protection. Containers will have large access opening with restricted hand access, prohibiting a child or adult from accessing. Surgical procedure areas and lab areas will be provided open top containers.

c. Reusable sharps containers must meet all state, federal, Department of Transportation (DOT), Food and Drug Administration (FDA) Occupational Safety and Health Administration (OSHA) standards for collection, storage, and transport of medical waste and sharps.

d. Contractor shall provide and keep all reusable sharps containers and carts clean and in good repair, i.e., wheels, and openings.

e. Contractor will be responsible for removal and disposal of existing sharps containers and will replace all full containers with empty. Contractor will remove and replace existing sharps containers three times weekly. Contractor will perform replacement utilizing the contractor-maintained inventory of locations.

f. Contractor is responsible for the removal and installation of any old and new bracketing systems at no additional cost to the government. Contractor must make every effort to install new containers in the same location as existing bracketing to be removed/replaced. All brackets must be securely mounted. Placement will normally be in accordance with industry standard ergonomic practices, whenever possible. Removal and replacement must be scheduled within 72 hours of request.

g. The contractor is responsible for providing a manifest of all items picked up for (number of containers, weights, and sizes) at the time of pick-up to the COR of their designee. A detailed destruction manifest of all medical sharps containers transported from the VAM Medical Center to include the date of pick up, location and the weight of content of the containers as well as the date and place of destruction is to be provided to the COR within thirty (30) calendars days of destruction.

h. The contractor is responsible for delivering replacement reusable sharps containers in sufficient quantities and that are certified to have been cleaned/sanitized and are in proper working condition prior to delivery to the medical center.

i. The contractor will provide additional containers, brackets, and carts based on medical center’s needs, and at no additional cost to the government. COR will provide adequate notice (normally 72 hours).

3. Collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

4. Upon notification by the COR of an emergent need for service, the contractor will address within 24 hours of notification, unless mutually agreed upon by both the contractor and COR, i.e. on the next scheduled service delivery date.

D. DOCUMENTATION FROM THE CONTRACTOR:

1. The contractor shall prepare and submit to the COR an original signed manifest for each pick up at the time of pick up, and will provide an electronic copy upon request. The contractor shall provide and submit to the COR an original signed Certificate of Destruction within 30 days of pick-up.

2. The contractors will provide any incidences of noncompliance with state, federal, or local environmental, health or safety laws and regulation that have taken place during the past 5 years, including those that were satisfactorily settled, those that resulted in no fines or legal action, and any other noncompliance incidences.

3. The contractor shall maintain proper records concerning each Certificate of Destruction issued.

The Certificate of Destruction shall at a minimum contain the following:

o Pickup/Delivery Location o Pickup/Delivery Date o Amount of waste (number of containers picked up and/or pounds) o Destruction Certification Document/Manifest Number o Destruction Certification Date o Any other information as required by the COR.

4. The contractor will provide a monthly “weight report” of total sharps weight processed, as well as a total weight report of plastics diverted from the landfill, no later than the 8th of each month.

E. TRAINING REQUIRED BY THE CONTRACTOR: The contractor is responsible for training medical center staff on the use, handling and care of reusable sharps containers. Training will be documented and provided to multiple shifts (24 hours) at several designated times during installation, as determined by the COR. The contractor will provide annual training to government staff as required by the COR, and will include, but is not limited to, proper handling of medical/special waste; interim storage requirements, proper identification and labeling of wastes, reusable sharps containers, etc.

F. QUALITY ASSURANCE/CONTROL:

1. Contractor will provide documentation of required DOT training for all personnel who perform work within the scope of this contract.

2. Contractor is responsible for providing 510K document demonstrating approval by the FDA for reusable sharps containers and regulated medical waste.

3. The contractor shall have a quality control program to ensure the requirements of this contract are provided as specified. The program will include, but will not be limited to the following:

a. An inspection system covering the services listed in this statement of work. It must specify areas of work to be inspected on a scheduled basis.

b. A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable which would include ensuring products delivered are clean.

c. A record of all inspection conducted by the contractor and corrective action(s) taken. These documents will be made available to the government during the contract. A quarterly report of inspections will be provided on January 15th, April 15th, July 15th, and October 15th in each contract year.

2. The Government will investigate complaints from the Ralph H. Johnson VAMC and affiliated sites.

All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

Required Service Performance Standard

Monitoring Method Incentive/Disincentiv e for not meeting performance standards

Adhere to pick-up schedule

Completes scheduled services on time. Any deviation must be approved by the COR in advance

Direct observation and sign in logs.

1st Occurrence) Invoices shall be deducted 5% of the total monthly amount for each occurrence above one per location, per contract.

2nd Occurrence) 10% of monthly invoice. 3rd and subsequent offenses will be 20% of monthly invoice amount.

Provides timely reports Contractor provides all required reports by dates specified and timelines outlined in this statement of work.

Direct Observation, electronic date on email reports, as applicable.

Any report submitted late above one occurrence per quarter will be penalized 5% of the monthly invoice in the month the invoice was due.

Emergent needs addressed within 24 hours, or on the next scheduled service date

Contractor provides required service within 24 hours, or on or before the mutually agreed upon timeline.

Direct observation Invoice deducted 10% for all occurrences above one per contract year. Additional 10% penalty for every 24-hour period after the first penalty period until service is provided.

G. CONTRACTOR PERSONNEL, BADGES AND PARKING:

1. While on VA premise, all contractor personnel shall comply with the rules, regulations, and procedures governing conduct of personnel and the operation of the facility.

2. An Access Badge will be given to the contractor’s employee upon entrance into VA buildings, unless under escort by a government employee. The contractor employee must safeguard the access badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel must properly display their access badges. Access badges must be worn at or above the waist (facing forward). The contractor’s employee must return access badges to the COR or designee at the end of each pick-up process.

3. It is the responsibility of the contractor personnel to park in appropriate designated spaces.

Parking information shall be coordinated with the COR. The government does not validate or make reimbursement for parking violations of contracted personnel under any circumstances.

4. The contractor shall be required to comply with all security policies/requirements of the Ralph H.

Johnson VA Medical Center and Joint Base Charleston. All security policies/requirements must be met and employees cleared prior to the contractor performing work under this contract. Employees that cannot meet the security clearance requirements shall not be allowed to perform work under this contract.

5. The contractor will be provided keys or allowed access to all areas where reusable sharps containers are installed or centrally collected when full. Keys provided to the contractor shall not be duplicated. In the even that a key is lost or duplicated, all locks and keys on that system will be replaced by the government. The contractor shall be responsible for the total cost involved in replacing keys and cores. The contractor shall be responsible for immediately reporting the occurrence of a lost key to the COR or their designee.

6. Contracted employees shall not allow any unauthorized person to use any keys or badges in their possession. They shall not open locked rooms or areas to permit entrance by persons other that contractor employees performing assigned duties. All rooms and areas will be secured by contractor personnel after completion of duties.

H. INTERFERENCE TO NORMAL FUNCTION:

1. Contractor may be required to interrupt their work at any time so as not to interfere normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts.

2. In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the government.

3. Contractor personnel shall inform the COR or designee of the need to gain access to secure areas. If access is required to secure access, prearranged scheduling will be made with the COR or designee.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

104.00 JB __________________ __________________

TWO (2) PICK-UPS PER WEEK (TUESDAY AND FRIDAY) IN

ACCORDANCE WITH THE SOW AT THE RHJ VAMC 109 BEE

STREET, CHARLESTON SC 29401.

Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025

150,000.00 LB __________________ __________________

AUTOCLAVE/INCINERATE BY POUND FOR ALL LOCATIONS

Contract Period: Base

12.00 MO __________________ __________________

REUSABLE SHARPS PICKUP FOR ALL LOCATIONS.

TECHNICIAN 2X WEEKLY FOR 109 BEE STREET LOCATION

Contract Period: Base

52.00 WK __________________ __________________

ONE PICKUP PER WEEK FROM TRIDENT PRIMARY CARE

LOCATED AT 9237 UNIVERSITY BLVD. NORTH CHARLESTON,

SC 29406.

Contract Period: Base

ONE PICKUP PER WEEK FROM THE MYRTLE BEACH PRIMARY

CARE CLINIC LOCATED AT 1800 AIRPARK DR. MYRTLE BEACH,

SC 29577.

Contract Period: Base

26.00 WK __________________ __________________

ONE PICKUP EVERY TWO WEEKS FROM HINESVILLE PRIMARY

CARE CLINIC LOCATED AT 740 E. GENERAL STEWART WAY

HINESVILLE, GA 31311.

Contract Period: Base

ONE PICKUP EVERY TWO WEEKS FROM SAVANNAH PRIMARY

CARE CLINIC LOCATED AT 1170 SHAWNEE STREET

SAVANNAH, GA 31419.

Contract Period: Base

4.00 QTR __________________ __________________

ONE PICKUP PER QUARTER FOR SHARPS CONTAINER(S)

LOCATED AT THE OPTOMETRY CLINIC BLDG 746 PULASKI ST.

GOOSE CREEK,SC 29455.

Contract Period: Base POP Begin: 04-01-2024

LOCAL STOCK NUMBER: 4

ONE PICKUP WEEKLY FROM NORTH CHARLESTON PRIMARY

CARE CLINIC LOCATED AT 6450 RIVERS AVE., NORTH

CHARLESTON, SC.

Contract Period: Base

ONE PICKUP PER CALENDAR QUARTER FROM THE

COMMUNITY RESOURCE REFERRAL CENTER 2424 CITY HALL

LANE NORTH CHARLESTON, SC 29405.

Contract Period: Base

1.00 EA __________________ __________________

CONTRACTOR SHALL PROVIDE THE NECESSARY QUANITITIES

OF REUSABLE SHARPS CONTAINERS IN VARYING SIZES FROM

2 TO 19 GALLONS, WALL MOUNTING BRACKETS AND CARTS

CAPABLE OF KEEPING REUSABLE CONTAINERS TAMPER

RESISTANT THROUGHOUT THE MAIN CAMPUS AND AT

OFFSITE LOCATION PICKUPS. SCHEDULED FOR AS LISTED

ABOVE FOR OFFSITE LOCATIONS AND TWICE WEEKLY FOR

MAIN CAMPUS.

Contract Period: Base

ACCORDANCE WITH THE SOW AT THE RHJ VAMC 109 BEE

STREET, CHARLESTON SC 29401.

Contract Period: Option 1 POP Begin: 04-01-2025 POP End: 03-31-2026

Contract Period: Option 1

TECHNICIAN 2X WEEKLY FOR 109 BEE STREET LOCATION

Contract Period: Option 1

LOCATED AT 9237 UNIVERSITY BLVD. NORTH CHARLESTON,

SC 29406.

Contract Period: Option 1

CARE CLINIC LOCATED AT 1800 AIRPARK DR. MYRTLE BEACH,

SC 29577.

Contract Period: Option 1

ONE PICKUP EVERY TWO WEEKS FROM HINESVILLE PRIMARY

CARE CLINIC LOCATED AT 740 E. GENERAL STEWART WAY

HINESVILLE, GA 31311.

Contract Period: Option 1

CARE CLINIC LOCATED AT 1170 SHAWNEE STREET

SAVANNAH, GA 31419.

Contract Period: Option 1

LOCATED AT THE OPTOMETRY CLINIC BLDG 746 PULASKI ST.

GOOSE CREEK,SC 29455.

Contract Period: Option 1 POP Begin: 04-01-2025

CARE CLINIC LOCATED AT 6450 RIVERS AVE., NORTH

CHARLESTON, SC.

Contract Period: Option 1

COMMUNITY RESOURCE REFERRAL CENTER 2424 CITY HALL

LANE NORTH CHARLESTON, SC 29405.

Contract Period: Option 1

OF REUSABLE SHARPS CONTAINERS IN VARYING SIZES FROM

2 TO 19 GALLONS, WALL MOUNTING BRACKETS AND CARTS

CAPABLE OF KEEPING REUSABLE CONTAINERS TAMPER

RESISTANT THROUGHOUT THE MAIN CAMPUS AND AT

OFFSITE LOCATION PICKUPS. SCHEDULED FOR AS LISTED

ABOVE FOR OFFSITE LOCATIONS AND TWICE WEEKLY FOR

MAIN CAMPUS.

Contract Period: Option 1

ACCORDANCE WITH THE SOW AT THE RHJ VAMC 109 BEE

STREET, CHARLESTON SC 29401.

Contract Period: Option 2 POP Begin: 04-01-2026 POP End: 03-31-2027

Contract Period: Option 2

TECHNICIAN 2X WEEKLY FOR 109 BEE STREET LOCATION

Contract Period: Option 2

LOCATED AT 9237 UNIVERSITY BLVD. NORTH CHARLESTON,

SC 29406.

Contract Period: Option 2

CARE CLINIC LOCATED AT 1800 AIRPARK DR. MYRTLE BEACH,

SC 29577.

Contract Period: Option 2

CARE CLINIC LOCATED AT 740 E. GENERAL STEWART WAY

HINESVILLE, GA 31311.

Contract Period: Option 2

CARE CLINIC LOCATED AT 1170 SHAWNEE STREET

SAVANNAH, GA 31419.

Contract Period: Option 2

LOCATED AT THE OPTOMETRY CLINIC BLDG 746 PULASKI ST.

GOOSE CREEK,SC 29455.

Contract Period: Option 2 POP Begin: 04-01-2026

CARE CLINIC LOCATED AT 6450 RIVERS AVE., NORTH

CHARLESTON, SC.

Contract Period: Option 2

COMMUNITY RESOURCE REFERRAL CENTER 2424 CITY HALL

LANE NORTH CHARLESTON, SC 29405.

Contract Period: Option 2

CONTRACTOR SHALL PROVIDE THE NECESSARY QUANITITIES

OF REUSABLE SHARPS CONTAINERS IN VARYING SIZES FROM

2 TO 19 GALLONS, WALL MOUNTING BRACKETS AND CARTS

CAPABLE OF KEEPING REUSABLE CONTAINERS TAMPER

RESISTANT THROUGHOUT THE MAIN CAMPUS AND AT

OFFSITE LOCATION PICKUPS. SCHEDULED FOR AS LISTED

ABOVE FOR OFFSITE LOCATIONS AND TWICE WEEKLY FOR

MAIN CAMPUS.

Contract Period: Option 2

ACCORDANCE WITH THE SOW AT THE RHJ VAMC 109 BEE

STREET, CHARLESTON SC 29401.

Contract Period: Option 3 POP Begin: 04-01-2027 POP End: 03-31-2028

Contract Period: Option 3

TECHNICIAN 2X WEEKLY FOR 109 BEE STREET LOCATION

Contract Period: Option 3

LOCATED AT 9237 UNIVERSITY BLVD. NORTH CHARLESTON,

SC 29406.

Contract Period: Option 3

CARE CLINIC LOCATED AT 1800 AIRPARK DR. MYRTLE BEACH,

SC 29577.

Contract Period: Option 3

CARE CLINIC LOCATED AT 740 E. GENERAL STEWART WAY

HINESVILLE, GA 31311.

Contract Period: Option 3

CARE CLINIC LOCATED AT 1170 SHAWNEE STREET

SAVANNAH, GA 31419.

Contract Period: Option 3

LOCATED AT THE OPTOMETRY CLINIC BLDG 746 PULASKI ST.

GOOSE CREEK,SC 29455.

Contract Period: Option 3 POP Begin: 04-01-2027

CARE CLINIC LOCATED AT 6450 RIVERS AVE., NORTH

CHARLESTON, SC.

Contract Period: Option 3

COMMUNITY RESOURCE REFERRAL CENTER 2424 CITY HALL

LANE NORTH CHARLESTON, SC 29405.

Contract Period: Option 3

OF REUSABLE SHARPS CONTAINERS IN VARYING SIZES FROM

2 TO 19 GALLONS, WALL MOUNTING BRACKETS AND CARTS

CAPABLE OF KEEPING REUSABLE CONTAINERS TAMPER

RESISTANT THROUGHOUT THE MAIN CAMPUS AND AT

OFFSITE LOCATION PICKUPS. SCHEDULED FOR AS LISTED

ABOVE FOR OFFSITE LOCATIONS AND TWICE WEEKLY FOR

MAIN CAMPUS.

Contract Period: Option 3

ACCORDANCE WITH THE SOW AT THE RHJ VAMC 109 BEE

STREET, CHARLESTON SC 29401.

Contract Period: Option 4 POP Begin: 04-01-2028 POP End: 03-31-2029

Contract Period: Option 4

TECHNICIAN 2X WEEKLY FOR 109 BEE STREET LOCATION

Contract Period: Option 4

LOCATED AT 9237 UNIVERSITY BLVD. NORTH CHARLESTON,

SC 29406.

Contract Period: Option 4

CARE CLINIC LOCATED AT 1800 AIRPARK DR. MYRTLE BEACH,

SC 29577.

Contract Period: Option 4

CARE CLINIC LOCATED AT 740 E. GENERAL STEWART WAY

HINESVILLE, GA 31311.

Contract Period: Option 4

CARE CLINIC LOCATED AT 1170 SHAWNEE STREET

SAVANNAH, GA 31419.

Contract Period: Option 4

LOCATED AT THE OPTOMETRY CLINIC BLDG 746 PULASKI ST.

GOOSE CREEK,SC 29455.

Contract Period: Option 4 POP Begin: 04-01-2028

CARE CLINIC LOCATED AT 6450 RIVERS AVE., NORTH

CHARLESTON, SC.

Contract Period: Option 4

COMMUNITY RESOURCE REFERRAL CENTER 2424 CITY HALL

LANE NORTH CHARLESTON, SC 29405.

Contract Period: Option 4

OF REUSABLE SHARPS CONTAINERS IN VARYING SIZES FROM

2 TO 19 GALLONS, WALL MOUNTING BRACKETS AND CARTS

CAPABLE OF KEEPING REUSABLE CONTAINERS TAMPER

RESISTANT THROUGHOUT THE MAIN CAMPUS AND AT

OFFSITE LOCATION PICKUPS. SCHEDULED FOR AS LISTED

ABOVE FOR OFFSITE LOCATIONS AND TWICE WEEKLY FOR

MAIN CAMPUS.

Contract Period: Option 4

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Ralph H Johnson VAMC 109 Bee Street Charleston, SC 29401

USA

104.00

MARK FOR: Patricia Delancy 843-577-5011 Patricia.Delancy@va.gov

150,000.00

0003 SHIP TO: Ralph H Johnson VAMC 109 Bee Street

12.00

0004 SHIP TO: Trident Primary Care 9237 University Blvd North Charleston, SC 29406

52.00

0005 SHIP TO: Myrtle Beach Primary Care Clinic 1800 Airpark Dr Myrtle Beach, SC 29577

0006 SHIP TO: Hinesville Primary Care Clinic 740 E. General Stewart Way Hinesville, GA 31311

26.00

0007 SHIP TO: Savannah Primary Care

1170 Shawnee Street Savannah, GA 31419

0008 SHIP TO: Optometry Clinic 746 Pulaski St.

Goose Creek, SC 29455

4.00

0009 SHIP TO: North Charleston Primary Care Clinic 6450 Rivers Ave North Charleston, SC 29405

0010 SHIP TO: Community Resource Referral Center 2424 City Hall Lane

1.00

1001 SHIP TO: Ralph H Johnson VAMC

104.00

150,000.00

1003 SHIP TO: Ralph H Johnson VAMC

12.00

1004 SHIP TO: Trident Primary Care 9237 University Blvd North Charleston, SC 29406

1005 SHIP TO: Myrtle Beach Primary Care

1800 Airpark Dr Myrtle Beach, SC 29577

1006 SHIP TO: Hinesville Primary Care Clinic 740 E. General Stewart Way Hinesville, GA 31311

1007 SHIP TO: Savannah Primary Care

1170 Shawnee Street Savannah, GA 31419

1008 SHIP TO: Optometry Clinic 746 Pulaski St.

Goose Creek, SC 29455

1009 SHIP TO: North Charleston Primary Care Clinic 6450 Rivers Ave

1010 SHIP TO: Community Resource Referral Center 2424 City Hall Lane

1.00

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-8 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.3 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 five (5) years.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR

802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled

Veteran with permanent and severe disability, the spouse or permanent caregiver of such

Veteran;

(iii) The business meets Federal small business size standards for the applicable North

American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business

Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term…