S02 36C24926Q0310 0001.pdf

5. PROJECT NUMBER (if applicable)

CODE7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODECODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 26

0001 09-01-2026 None

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

90C

Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129

To all Offerors/Bidders

36C24926Q0310

X

X X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 09-20-2026 23:59 CDT x 1

This solicitation amendment is to address contractor questions.

Please see the questions and answers.

All other terms and conditions remain unchanged.

Phon Phasavath

VA-VHA-RPOC-2025-0060

Government Responses to Questions

Question 1 – Site Visit Date, Time, and Meeting Location

Question: Will the Government establish a site visit date, time, and meeting location by amendment, and will the question submission deadline be reopened so that offerors may submit questions arising from what they observe during the site visit? Yes / No to each.

Government Response:

(a) Will the Government establish a site visit date, time, and meeting location by amendment?

Yes.

- Date: Wednesday September 9, 2026

- Time: 1400

- Memphis VA Hospital (meet at EMS office)

(b) Will the question submission deadline be reopened so that offerors may submit questions arising from the site visit?

Yes.

Submission Deadline Date: Sunday September 20, 2026 at 23:59

Question 2 – Container and Compactor Inventory, Sizes, and Collection Frequencies

Question: Will the Government issue an amendment attaching the container and compactor inventory described in Section 29, identifying for each unit:

(a) the container or compactor identification number;

(b) the container type (front load, roll-off open top, compactor, or other);

(c) the capacity in cubic yards;

(d) the building and service location; and

(e) the scheduled collection frequency?

If that inventory will not be attached, please state where in the solicitation offerors are to obtain the container count, container sizes, and collection frequencies needed to price the monthly line items.

scheduled collection frequency.

Government Response:

Yes.

Question 3 – Confirmation of the Container List Published in the Prior Solicitation

Question: For each unit listed above, please confirm whether the unit remains in service under this requirement, and state its current container type (front load, roll-off open top, or compactor), its capacity in cubic yards, and its scheduled collection frequency.

Please also confirm whether any containers are in service at any of the three named locations that do not appear on the list above, and if so, please identify them.

We respectfully request that the answer be issued as an amendment to the solicitation rather than as a question response alone, so that all quoters price the same requirement.

Government Response:

The Government will review and verify the current equipment inventory and service requirements.

The Government will provide the current container and compactor inventory by solicitation amendment. The amended inventory will identify the applicable equipment, including:

Whether the unit is currently required under this contract;

Container type;

Capacity;

Service location; and

Scheduled collection frequency.

Any containers or compactors currently required under this contract that are not included in the previously published inventory will be identified in the amended solicitation documentation.

Quoters shall rely on the inventory and service information provided by the Government in the solicitation amendment when preparing their quotations.

Question 4 – Complete List of Service Locations

Question:

(a) The three locations listed in Paragraph 1 are the complete and only service locations under this contract. Yes / No.

Government Response:

(a) No.

Question:

(b) The VA Medical North Clinic (3461 Austin Peay Highway) is a service location under this contract. Yes / No.

Government Response:

(b) No.

Question:

(c) The Memphis Fisher House is a service location under this contract. Yes / No.

(c) Yes

Question:

(d) Collection service is required at the Nonconnah Clinics and at HBPC, and the containers and frequencies serving those two sites will be identified in the inventory. Yes / No.

Government Response:

(d) No.

Question:

(e) Solid waste collection service was provided at the Nonconnah Clinics and at HBPC under the prior contract. Yes / No. If yes, please identify the containers that served them.

Government Response:

(e) No.

Question 5 – Current Tonnage Data, Broken Out by Location and Containers

Will the Government provide monthly tonnage figures for fiscal year 2025 and fiscal year 2026 to date, broken out by service location and by container or compactor identification number, and showing the number of collections or pulls per month for each unit? If the data cannot be provided in that form, please state the form in which it can be provided.

Please look at the chart provided below.

Question 6 – Which Containers and Compactors Are Government-Furnished

Question: Please identify each container and compactor that is Government-owned or Government-furnished under this contract. For each such unit, please state the manufacturer, model, year of manufacture, whether the unit is a stationary compactor with a separate receiver box or a self-contained unit, the electrical service it requires, and its current operating condition.

Please also confirm whether Government-furnished units will remain in place for the use of the awarded contractor.

Yes

Question 7 – No-Cost Replacement Container Obligation (Paragraph 9)

Question: (a) The replacement obligation in Paragraph 9 applies only to Government-owned equipment identified in the solicitation. Yes / No.

Government Response: Yes.

Question:

(b) The Government will state a maximum duration of one week for the no-cost replacement period, after which replacement service is separately compensated. Yes / No.

Government Response: No.

Question:

(c) Where a Government-owned compactor is out of service, the contractor may satisfy Paragraph 9 using open-top containers providing equivalent working capacity, rather than a like-for-like compactor. Yes / No.

Government Response: No

Question 8

Repair and Maintenance of Government Equipment (Paragraph 15)

Please confirm each of the following that applies:

(a) The contractor's obligation under paragraph 15 for Government-owned equipment is limited to routine and preventive maintenance, cleaning, and repair of doors, hinges, latches, and seals. Yes / No

Government Response: No.

(b) Repair or replacement of major components of Government-owned compactors, including hydraulic power units, cylinders, pumps, motors, and electrical control panels, is a Government responsibility or is separately compensated. Yes / No.

Government Response: No.

(c) The Government will provide the maintenance and repair history for any Government-owned compactor for the most recent three years. Yes / No.

Government Response: No.

(d) The Government will consider amending the solicitation to require the contractor to furnish the compactor at the VAMC Memphis Dock, which would remove the Government-furnished equipment maintenance obligation and the no-cost open-top coverage obligation from this contract entirely. Yes / No

Government Response: No.

Question 9

Please confirm that a change under paragraph 7 to container capacity, container quantity, container type, or collection frequency will be made by bilateral modification with an equitable adjustment to the contract price.

Government Response: No.

If no, please state the maximum increase in collection frequency and container capacity per month that offerors should assume and price into the fixed monthly rate.

Government Response: Please refer to the table of services that is included in the amendment.

Question 10

Unscheduled Collections and the Ordering Mechanism (Paragraph 3)

Will the Government add line items for unscheduled services to each contract year, priced per pull or per haul by container type and size, so that unscheduled collections under paragraph 3 can be ordered and paid.

Government Response: No.

If no line items will be added, please confirm whether unscheduled collections are to be included in the fixed monthly price and, if so, please state the estimated annual number of unscheduled collections by container type that offerors should build into that fixed price.

Government Response: Emergency Collection Services: Up to twelve (12) emergency or unscheduled collection services may be required per contract year. The Contractor shall provide a unit price per collection, and payment will be made only for services performed.

Question 11

Waste Streams Included In and Excluded From This Contract

(a) The container inventory to be provided will identify the waste stream each container serves, and will identify any container at these locations that is serviced under a separate contract and is outside the scope of this requirement.

Government Response: No.

(b) Regulated medical waste, pathological waste, chemotherapy waste, and pharmaceutical waste are excluded from this contract.

Government Response: No.

(c) Construction and demolition debris generated by other contractors working on the campus is excluded from this contract.

Government Response: No.

(d) Bulk items, furniture, and mattresses are included in the fixed monthly price.

Government Response: No.

If yes, please state the estimated annual quantity so that it can be price.

Government Response: N/A.

(e) Confidential document destruction is outside the scope of this contract.

Government Response: No

Question 12

Adding Recycling as Separately Priced Option Line Items

Will the Government consider adding separately priced option line items for single stream recycling and diversion services at these locations, exercisable under FAR 52.217-7 at the Government's discretion and no earlier than the expiration of the current recycling contract? If the Government will consider it, please state:

(a) The recycling streams, container types, and collection frequencies that would be included.

(b) The historical recycling tonnage, pull counts, and container inventory that quoters would need in order to price those line items.

(c) Whether option line item prices would be added to the base requirement for evaluation purposes.

Appendix A shows one way those option line items could be written into the existing pricing schedule, using the equipment and service frequency described in the recycling statement of work already published by this office.

Government Response:

(a) Please see excel spreadsheet.

(b) Please see excel spreadsheet

(c) No

Question 13

Vehicle Weighing Requirement (Paragraph 13)

Question for publishing: Please state which method the Government requires: (a) a dedicated collection vehicle carrying only VA waste for every collection, with a scale ticket for each load, or (b) scale tickets for compactor and roll-off loads, with front-load tonnage reported on a calculated basis using container capacity, collection frequency, and a stated density fact.

Government Response:

A dedicated VA-only collection vehicle is not required. Roll-off loads shall be weighed full and empty to determine net tonnage. Front-load tonnage shall be calculated using container capacity and an industry-standard average weight per cubic yard of waste.

Question 14

Applicable Service Contract Act Wage Determination

Question for publishing: Will the Government identify the applicable Service Contract Act wage determination by number and revision, state the labor classifications expected to be used under this contract, and attach the wage determination to the solicitation by amendment? Please also confirm whether the employee class and wage-fringe table at clause C.6 will be completed.

Government Response:

Yes. This requirement is subject to the Service Contract Labor Standards.

The applicable Service Contract Labor Standards Wage Determination is U.S. Department of Labor Wage Determination No. 2015-4673, Revision 31, applicable to Shelby County, Tennessee.

Question 15

Which Evaluation Scheme Governs, and the Relative Importance of the Factors

Question for publishing: Please confirm which provision governs the evaluation, Section 32 of the statement of work or FAR 52.212-2 at E.9. Please also state (a) whether a separate technical capability factor will be evaluated and, if so, what offerors must submit to be evaluated under it, and (b) the relative importance of price compared to past performance, specifically whether price is significantly more important than, approximately equal in importance to, or less important than past performance?

Government Response:

FAR 52.212-2, Evaluation—Commercial Products and Commercial Services, as incorporated at Section E.9, governs the evaluation of quotations.

(b) There will be no separate technical capability evaluation factor.

(c) N/A

Question 16

Whether Option Periods Are Included in the Price Evaluations

Question for publishing: Please confirm whether the Government will evaluate the total of the base period plus all four option periods, or the base period alone. If option prices are included in the evaluation, please confirm that FAR 52.217-3 will be removed from the Section E provision list by amendment.

Government Response:

The Government confirms that, for purposes of award, it will evaluate the total price for the base period plus all four option periods.

Accordingly, the total evaluated price will include the base period and all option periods identified in the solicitation.

The Government acknowledges that FAR 52.217-3, Evaluation Exclusive of Options, is inconsistent with this evaluation methodology. FAR 52.217-3 will be removed from the Section E provision list

Question 17

Complete List of Documents Required With the Quote

Question for publishing: Please confirm that the five items listed in the E.1 addendum under "Submission Requirements" are the complete list of documents that must be submitted with a quote. Yes / No.

Government Response:

Yes

Question for publishing: Please state whether a sustainable acquisition plan under VAAR 852.223-70 is required with the quote, and if any additional provisions must be completed and returned under E.7, please identify them by provision number.

Government Response:

A Sustainable Acquisition Plan under VAAR 852.223-70 is required with the quotation.

Question 18

Verification of Compliance With the Limitations on Subcontracting

Question for publishing:

Please confirm each of the following that applies:

(a) The Government will require the awarded contractor to demonstrate compliance with the limitations on subcontracting at the end of the base period and at the end of each option period, consistent with the measurement period marked at clause C.12(e). Yes / No.

No

(b) The evidence the Government will accept is that described at clause C.13(b), being invoices, copies of subcontracts, or a list of the value of tasks performed. Yes / No. If other or additional evidence will be required, please identify it.

Government Response:

Yes

(c) The first compliance demonstration will be required no later than 30 days after the end of the base period. Yes / No. If a different interval applies, please state it

Government Response:

No

Question 19

Identification of Collection Vehicles and Drivers

Question for publishing:

Please confirm each of the following that applies:

(a) The Government will require quoters to identify the collection vehicles to be used in performance, including the standby vehicle required by paragraph 11, and to state whether each vehicle is owned, leased, or provided by a subcontractor. Yes / No.

Government Response:

No

(b) The Government will require quoters to state whether the drivers performing the work will be employees of the quoter or employees of a subcontractor. Yes / No.

Government Response:

No

(c) If ability to provide required equipment and staffing will be evaluated under Section 32, please state what quoters must submit to be evaluated under that element, since the submission requirements at the E.1 addendum do not currently request it.

No

STATEMENT OF WORK

FOR REFUSE COLLECTION

(Regular Waste)

1. Description of Services: The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform refuse services at the LT. Col. Luke Weathers Jr., Memphis VA Medical Center, 116 N.

Pauline St., Memphis, TN. and VA Nonconnah Clinics, 1698 Nonconnah Blvd, Memphis, TN. HBPC, 1980 Nonconnah Blvd, Memphis, TN and. The contractor shall perform to the standards in the contract as well as all local, state, and federal regulations.

Period of Performance:

Base: 1 Oct 2026 – 30 Sep 2027

Ordering Period 1: 01 Oct 2027 – 30 Sep 2028

Ordering Period 2: 01 Oct 2028 – 30 Sep 2029

Ordering Period 3: 01 Oct 2029 – 30 Sep 2030

Ordering Period 4: 01 Oct 2030 – 30 Sep 2031

2. Routes/Schedules Submittals: The contractor shall establish vehicle routes and collection schedules that meet the requirements of Memphis, VA Medical Center.

They must be submitted to the contracting officer five (5) calendar days prior to start of contract performance. The contracting officer must approve the submittals prior to the contractor starting work. The contractor shall collect all refuse, garbage. No changes are allowed to the schedule or haul route without contracting officer approval.

3. Unscheduled Collections: The contracting officer may require the contractor to make unscheduled collection, disposals, and relocation of containers for special events or other occasions. The contractor will respond within 12 hours of the event.

Unscheduled services shall be by separate delivery order.

4. Inclement Weather Schedule: The contractor shall collect refuse during periods of inclement weather. In cases of severe weather, the Contracting Officer's Technical 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.

5. Route Parameters: The contractor shall establish routes to the facilities through the route detailed by each COR. Collection shall be made at the time scheduled.

Collection outside these hours shall require prior approval of the COR.

6. Points of Collection: The contractor shall position bulk containers for customer ease in depositing refuse. This may require repositioning of containers from time to time. The contractor shall also position containers to minimize interference with emergency vehicles, normal traffic flow, adjacent parking areas, sidewalks, roadways, overhead utilities, trees, and other potential obstructions.

7. Cubic Yard Capacity: The government reserves the right to change the cubic yard capacity of containers and the containers. The government may also change the frequency of collections.

8. Government-Approved Containers: Collections of refuse in all areas shall be from contractor-provided, government-approved containers. The schedule of container locations and container sizes included in this contract are specified for the purpose of locating adequate receptacles for anticipated refuse generation. The Contractor is authorized to vary such containers and locations as deemed necessary providing the overall quantity and size of containers remains the same and such changes are coordinated with and approved by the COR. Relocation of containers under this provision will not result in a change in contract price nor require a written modification to the contract. Containers shall be of uniformed color and numbers assigned for identification purposes. They shall be maintained and/or repainted to prevent rust or unsightly appearance. Cleaning of containers shall be the responsibility of the contractor. At a minimum. All containers shall be washed and cleaned inside and out once a week during the months of June, July, August, and September, and once a month the other eight months, or as they become malodorous or unsanitary or when determined by the Contracting Officer.

9. Contractor Replacement of Government-Owned Containers: In the event a government-owned compactor breaks down, the Contractor shall provide a replacement container at no additional cost until the Government Owned compactor is repaired. The size of this container shall be determined by the Contracting Officer.

10. Size and Type of Containers: Containers to be furnished by the contractor shall be comparable in design and fabrication to containers manufactured by Dempster Brothers, Inc.; Lodal, Inc; A.E. Rausenbach, Inc.; or equal. The containers are to be equipped with top lids and side doors. Stop latches and release chains are to be open on all three

(3) yard and over top-loaded containers. The latches must hold lids open at stops approximately 30 degrees, 60 degrees and 90 degrees, for the conveniences of the user. All larger containers shall be leak proof and containers used for putrescible waste shall be drain-fitted with a threaded plug to facilitate washing. Latches on end doors shall be spring-loaded so the doors will latch automatically when closed.

11. Size and Type of Vehicles: The pick-up and hauling vehicle shall incorporate a leakproof body with replaceable door seals and shall be fully enclosed. Vehicles shall be equal to or comparable in design and specification to the equipment manufactured by Dempster Brothers, Inc.; Lodal, Inc.; A.E. Rausenbach, Inc.; or equal. To prevent unreasonable delay in servicing collection stations caused by breakdown of mechanical containers handling vehicle, a standby vehicle with duplicate handling mechanism shall be provided by the Contractor. A mechanically operated cover shall be incorporated on the vehicle to operate in such a manner as to protect the container in dump position from the wind and to prevent the spillage of materials across the back of the truck during dumping operations. Adequate measures will be taken at all times to prevent spillage or scattering of the truck contents by wind or other means.

12. Maintaining Containers and Collection Area: The contractor shall return the containers to their original location after servicing, in an upright position with the lids securely in place (closed). The contractor will also be responsible for immediately cleaning up any spills, debris, etc., which may occur during servicing of containers. All refuse on the ground within ten feet of the container, whether spilled by the contractor or placed there by VA personnel, shall be picked up by the contractor during collection.

The contractor shall collect debris placed at collection stations; for example, tree branches, sacks, cartons, boxes, cans, tied bundles, or other containers. The contractor will be responsible for keeping collection areas free of refuse and debris.

13. Weighing of Vehicles: All vehicles used in the collection of refuse shall be weighed on state certified vehicle scales at the landfill. Incoming and outgoing vehicle weights shall be recorded on weight tickets provided by the operator at the weigh station.

14. Disposal: The contractor shall transport and dispose of all solid waste at a licensed disposal site selected by the contractor.

15. Equipment Maintenance: The contractor shall maintain all contractor and government provided containers ensuring they are free of unpleasant odors, dirt, debris, and pests. All containers must remain in good, workable condition. They must remain easily accessible to customers. The contractor shall perform all cleaning, painting, repair and other maintenance tasks. The tasks cannot be performed at the VA facility, trucks and trailers used for hauling and collecting shall be washed as required to ensure they are free of odor, dirt and debris, and pests.

16. Reports and Records: The contractor shall provide a monthly report detailing total tonnages of refuse collected.

17. Offeror's Qualification: Offers will be considered only from the Offers who are regularly established in the business called for and who in the judgment of the Contracting Officer are financially responsible. Upon request of the Government, Offers shall be able to show evidence of the reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service in the volume called for under this contract.

18. Contractor Personnel: The number of Contractor's personnel shall be adequate to perform daily work efficiently and maintain required standards. The Contracting Officer may require, in writing, the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless or otherwise objectionable. Truck drivers shall present a valid operator's permit and shall be thoroughly acquainted with and comply with station traffic regulations. If any issues arise during contracted services the contractor’s personnel shall report directly to the VA Police located in room CEG19, Ground Floor Building 1.during regular business hours or CEG5 after hours, Police can also be reached at (901) 523-8990 extension 1-5595.

19. Holidays: Collections will be provided as noted in #21. If holidays are allowed and pickups are rescheduled these are the Federal Holidays that are defined for this contract: New Year's Day. Martin Luther King, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. There are requirements where the Contractor may be required to provide services on one, any, or all of these holidays.

20. If a scheduled pickup day falls on a Federal Holiday, Monday through Thursday, the pickup shall be rescheduled to the next business day. If the federal Holiday is on a Friday, then the pickup shall be rescheduled to the Thursday BEFORE the Federal Holiday. The Contractor shall verify with the COR if there is any uncertainty of the day of the week being observed. Conflicts shall be resolved by the Contracting Officer.

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

Performance Objective Performance Threshold

Collect and Dispose of Solid Waste in accordance with the established schedule.

No more than 1 Customer Complaints monthly.

Maintain equipment in good workable condition.

Trucks should be washed and free of odors.

No more than 2 Customer Complaints monthly.

Perform unscheduled collections required by the contracting officer in accordance with paragraphs #3.

0 Deficiencies permitted. (Delivery order shall not be accepted until all deficiencies are corrected.)

22. Quality Assurance: The government will periodically evaluate the contractor's performance by the COR monitoring performance to ensure services are received. The COT will evaluate the contractor's performance through intermittent on-site inspections of the contractor's quality control program and receipt of complaints from VA personnel. The government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality control inspections if performance dictates. The government will also receive and investigate complaints from various customers located on the installation. The contractor shall be responsible for initially validating customer complaints. However, the government representative shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s).

23. Government Remedies: The contracting officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items (FEB 2002), for contractor's failure to perform satisfactory services or failure to correct non-conforming services.

24. Security Requirements: The Medical Center has protective services by members of the VA Police Unit. The Contractor shall comply with all posted traffic regulations as well as any verbal directive given by a VA Officer. Failure to comply with the safety regulations on VA facility grounds may be cause for termination.

25. Security Incident Investigation

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

e. The vendor/contractor will at all times while on VA federal premises performing contracted service wear his or her identification badge facing forward and above the waist.

f. While on the premises of the VA Medical facility and/or CBOC’s videos, pictures or voice recordings by the vendor/contractor are prohibited.

g. The contractor shall provide to the contraction officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior (VA10176 & VA10203) for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required.

"The Authorization requirements do not apply, and that a Security Accreditation Package is not required"

26. RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Department of Veterans Affairs (VA) (Lt. Col. Luke Weathers Jr. VA Medical Center) records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA (Lt. Col. Luke Weathers Jr. VA Medical Center) contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs.

21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the

Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. The VA (Lt. Col. Luke Weathers Jr. VA Medical Center) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the VA (Lt. Col. Luke Weathers Jr. VA Medical Center) or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the

VA (Lt. Col. Luke Weathers Jr. VA Medical Center). The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting

Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the Statement of Work (SOW) or Performance Work Statement (PWS). The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the VAs (Lt. Col. Luke Weathers Jr. VA Medical Center) control, or the Contractor must hold it until otherwise directed.

Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Statement of Work (SOW) or Performance Work Statement (PWS). Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and the VAs (Lt. Col. Luke Weathers Jr. VA Medical Center) guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with the VAs (Lt. Col. Luke Weathers Jr. VA Medical Center) policy.

8. The Contractor shall not create or maintain any records containing any non-public VA (Lt.

Col. Luke Weathers Jr. VA Medical Center) information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VA (Lt. Col. Luke Weathers Jr. VA Medical Center) owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which the VA (Lt. Col.

Luke Weathers Jr. VA Medical Center) shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Any Contractor rights in the data or deliverables must be identified as required by

FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this Statement of Work (SOW) or Performance Work Statement (PWS) and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

27. Site Visit

A site visit may be conducted at the Lt. Col. Luke Weathers, Jr. VA Medical Center, 116 N. Pauline Street, Memphis, TN, and associated clinic locations prior to quotation submission. The purpose of the site visit is to allow prospective contractors to inspect container locations, access routes, compactor locations, traffic flow, loading areas, and other operational conditions that may impact performance and pricing.

Attendance at the site visit is strongly encouraged but is not mandatory. The date, time, and meeting location will be identified in the solicitation. Contractors are responsible for becoming familiar with all local conditions that may affect contract performance and pricing.

28. Historical Tonnage Information

Historical refuse tonnage information will be provided as part of the solicitation package for informational and pricing purposes only. The Government does not guarantee future tonnage quantities. Actual quantities may vary depending on facility operations, occupancy levels, clinical activity, seasonal conditions, and other operational requirements.

29. Equipment Inventory and Specifications

The solicitation will include a current inventory of Government-required containers and compactors, including container type, approximate cubic yard capacity, compactor designation, pickup frequency, and service location.

Contractors are responsible for verifying equipment requirements and compatibility during the site visit and throughout the solicitation period. Any discrepancies identified by prospective offerors shall be submitted to the Contracting Officer prior to the solicitation question submission deadline.

30. Transition of Services

In the event of award to other than the incumbent contractor, the awarded contractor shall coordinate with the Government and incumbent contractor to ensure an orderly transition of services without interruption.

The contractor shall ensure all required containers, compactors, vehicles, staffing, and support equipment are operational and in place by the contract start date.

The Government recognizes that certain specialized waste equipment may require manufacturing, transportation, and installation lead times. Therefore, the contractor shall provide a transition and implementation schedule within five (5) calendar days after award for review and approval by the Contracting Officer and COR.

31. Contractor Startup Requirements

The contractor shall be responsible for obtaining, delivering, installing, maintaining, repairing, and replacing all contractor-furnished containers, compactors, vehicles, and associated equipment necessary to perform services under this contract.

Offerors are advised to consider current industry lead times for container and compactor manufacturing, transportation, and installation when preparing quotations and transition schedules.

32. Evaluation Considerations

Award will be made to the responsible offeror whose quotation represents the best value to the Government, considering technical capability, past performance, and price.

The Government may evaluate the contractor’s experience performing healthcare or commercial solid waste collection services of similar size and complexity, ability to provide required equipment and staffing, operational capability, and history of satisfactory performance.

Technical capability and past performance may be evaluated on an acceptable/unacceptable basis to ensure the contractor possesses the necessary experience, equipment, staffing, and operational capability to successfully perform the required services.

33. Pricing Information

The Government will provide available historical tonnage data, current container inventory information, and estimated pickup frequencies to assist offerors in preparing accurate and realistic pricing proposals.

Offerors remain responsible for independently verifying all conditions that may impact pricing and performance.

STATEMENT OF WORK