S02 36C24926Q0310 Revision.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

36C24926Q0310

Mario Russell 615-226-6774 08-24-2026

23:59 CDT

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

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

X 100

X

562111

$47 Million

NET 30

N/A

X

Lt. Col. Luke Weathers, Jr. VAMC 116 North Pauline Street Memphis TN 38105

90C

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

90C

FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135

This solicitation is for Solid Waste Removal Services for the Lt. Col. Luke Weathers, Jr. VA Medical Center in accordance with FAR Part 12, Acquisition of Commercial Products and Commercial Services. The required services shall be provided in accordance with the attached Statement of Work (SOW).

All references shall replace the “offer” with “quote” and and "offerer" with "quoter."

Questions regarding this RFQ are due to Mario Russell at Mario.russell@va.gov NLT 08/01/2026 at 23:59.

Quote Submission Requirements are detailed at FAR 52.212-1 -

Addendum - " Quote Submission Requirements".

Evaluation Criteria is detailed in FAR 52.212-2.

x X

Phon Phasavath

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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) ...23

C.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV

2025) (DEVIATION)

C.5 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

C.6 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

C.7 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.8 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.11 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

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

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

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 36C249 Phon Phasavath

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204

Murfreesboro TN 37129

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

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 by 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 provide 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 One (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 essential contract 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 COR 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 COR 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 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

The historical usage information provided below is furnished for informational purposes only to assist prospective contractors in preparing their quotes. The information is based on prior contract performance and is intended solely as a planning and estimating tool. The Government does not guarantee the accuracy of the historical data or that future quantities, service frequencies, or tonnage will be the same as those experienced during the historical period. The information shall not be construed as establishing either a minimum or maximum quantity of services to be ordered under any resulting contract.

The historical usage period covers January 2022 through October 2024. During this period, the Government generated approximately 1,554.27 tons of compactor waste, 785.64 tons of roll-off waste, and 176,664 pounds of front-load waste.

Based on historical performance, the Government averaged approximately 45.7 tons of compactor waste per month, 23.1 tons of roll-off waste per month, and 5,196 pounds of front-load waste per month, for a combined average of approximately 68.8 tons of waste per month.

Historical records further indicate that monthly compactor waste ranged from approximately

27.10 to 82.24 tons, while monthly roll-off waste ranged from approximately 9.45 to 34.06 tons.

The combined monthly tonnage ranged from approximately 44.94 to 91.69 tons.

Offerors shall use this information at their own discretion when preparing their quotes. The Contractor shall provide all services necessary to meet the Government's actual requirements during contract performance, regardless of historical usage.

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.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

12.00 MO _______________

Base Year of removal and disposal of regular waste.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

MANUFACTURER PART NUMBER (MPN): 0000

LOCAL STOCK NUMBER: 0000

Option Year One for removal and disposal of regular waste.

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

Option Year Two for removal and disposal of regular waste.

Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

Option Year Three for removal and disposal of regular waste.

Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

Option Year Four for removal and disposal of regular waste.

Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

GRAND TOTAL _______________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Memphis VAMC Lt. Col. Luke Weathers, Jr.

VA Medical Center 116 North Pauline Street Memphis, TN 38105 United States of Ame

12.00 10/01/2026- 09/30/2027

MARK FOR: Balchandra Player

(901) 523-8990 x5021 balchandra.player@va.gov

FOB: DESTINATION

1001 SHIP TO: Memphis VAMC Lt. Col. Luke Weathers, Jr.

VA Medical Center 116 North Pauline Street

12.00 10/01/2027- 09/30/2028

MARK FOR: Balchandra Player

2001 SHIP TO: Memphis VAMC

VA Medical Center 116 North Pauline Street

12.00 10/01/2028- 09/30/2029

MARK FOR: Balchandra Player

3001 SHIP TO: Memphis VAMC

VA Medical Center 116 North Pauline Street Memphis, TN 38105

12.00 10/01/2029- 09/30/2030

MARK FOR: Balchandra Player

4001 SHIP TO: Memphis VAMC

VA Medical Center 116 North Pauline Street

12.00 10/01/2030- 09/30/2031

MARK FOR: Balchandra Player

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(1) of this clause does not apply to…