S02 36C25625Q0163_RFQ.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* RFQ: Pharmaceutical Waste Treatment Disposal Services (MEDVAMC)

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25625Q0163

QUESTIONS DATE/TIME/ZONE 02-03-2025 3pm CENTRAL TIME, CHICAGO, USA RESPONSE DATE/TIME/ZONE 02-11-2025 3pm CENTRAL TIME, CHICAGO, USA

ARCHIVE 7 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* S205

NAICS CODE* 562211

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Quentin Chew Quentin.Chew@va.gov And Shasta Britt Shasta.Britt@va.gov

PLACE OF PERFORMANCE

ADDRESS Michael E DeBakey VA Medical Center

2002 Holocombe BLVD Houston Tx

POSTAL CODE 77030

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION Department of Veterans Affairs AGENCY CONTACT’S EMAIL ADDRESS Quentin.Chew@va.gov EMAIL DESCRIPTION 36C25625Q0163 RFQ: Pharmaceutical Waste Treatment

Disposal mailto:Quentin.Chew@va.gov mailto:Shasta.Britt@va.gov https://www.va.gov/ mailto:Quentin.Chew@va.gov

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for

Evaluation and Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 for Certain

Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a quote is being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

FAC 2025-01 (eff.11/12/2024), VAAM Alert 24-10 (eff. 04/09/2024), and Acquisition Policy Flash

24-08 (eff. 05/22/2024).

Contractor is required to be actively registered in the System for Award Management (SAM) and certified with the Small Business administrative (SBA) Veteran Small Business Certification

(VetCert) as a Service-Disable Veteran-Owned Small Business (SDVOSB). Vendor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify registration and certification status.

The Michael E. DeBakey VA Medical Center (MEDVAMC) 2002 Holcombe Blvd, Houston, Texas 77030 is seeking to purchase Pharmaceutical Waste Treatment Disposal Services. The government expects this announcement to result in a Firm-Fixed Price Single-Award contract for a base year plus four (4) option years not to exceed five (5) years.

See attached RFQ on next page.

36C25625Q0163

Table of Contents

SECTION B - CONTINUATION CONTRACT OPPORTUNITIES COMBINED SYNOPSIS

SOLICITATION

B.1CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) 9

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 16

C.10 VAAR 852.249-70 TERMINATION FOR DEFAULT—SUPPLEMENT FOR

MORTUARY SERVICES (MAY 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 SCOPE OF WORK

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION CONTRACT OPPORTUNITIES

COMBINED SYNOPSIS SOLICITATION

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individual:

a. CONTRACTOR: Company Name:

ATTN/POC Name:

Address:

Phone:

Email:

UEI:

GSA/FSS, NAC, SEWP Contract# (if applicable):

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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

a. 52.232-33 Payment by Electronic Funds Transfer - System for Award

Management through TUNGSTEN

3. INVOICES: Invoices shall be submitted in arrears:

a. Other: Upon receipt and acceptance by the Government

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.

5. Offeror shall complete the following located in Sections B thru E of this solicitation to be deemed eligible:

a. Section B- CONTRACT ADMINISTRATION DATA, CONTRACTOR contact information.

b. Section B- PRICE/COST SCHEDULE, unit price, amount, and grand total

c. Section C- 852.219-75

d. Section E- 52.204-24

e. Section E- 52.212-3 (if not current in SAM.gov)

f. Submission of manufacturer’s authorized distributor letter, cut sheets, and specifications.

6. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

(End of Contract Administration Data)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM #

DESCRIPTION OF

SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

The Contractor shall provide all labor, tools, materials, supplies, equipment, supervision and transportation required to perform controlled substance Pharmaceutical waste treatment and disposal services to the Michael E. DeBakey Veteran Affairs Medical Center (MEDVAMC) in Houston, TX, along with a total of two (2) individual Community Based Outpatient Clinics (CBOCs) located in Beaumont, and Lufkin Texas with the specific service requirements as outlined in the SOW.

Contract Period: Base POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection equipment, supervision and transportation required to perform controlled substance Pharmaceutical waste treatment and disposal services to the Michael E. DeBakey Veteran Affairs Medical Center (MEDVAMC) in Houston, TX, along with a total of two (2) individual Community Based Outpatient Clinics (CBOCs) located in Beaumont, and Lufkin Texas with the specific service requirements as outlined in the SOW.

Contract Period: Option 1 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal equipment, supervision and transportation required to perform controlled substance Pharmaceutical waste treatment and disposal services to the Michael E. DeBakey Veteran Affairs Medical Center (MEDVAMC) in Houston, TX, along with a total of two (2) individual Community Based Outpatient Clinics (CBOCs) located in Beaumont, and Lufkin Texas with the specific service requirements as outlined in the SOW.

Contract Period: Option 2 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal equipment, supervision and transportation required to perform controlled substance Pharmaceutical waste treatment and disposal services to the Michael E. DeBakey Veteran Affairs Medical Center (MEDVAMC) in Houston, TX, along with a total of two (2) individual Community Based Outpatient Clinics (CBOCs) located in Beaumont, and Lufkin Texas with the specific service requirements as outlined in the SOW.

Contract Period: Option 3 POP Begin: 03-01-2028 POP End: 02-28-2029 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal equipment, supervision and transportation required to perform controlled substance Pharmaceutical waste treatment and disposal services to the Michael E. DeBakey Veteran Affairs Medical Center (MEDVAMC) in Houston, TX, along with a total of two (2) individual Community Based Outpatient Clinics (CBOCs) located in Beaumont, and Lufkin Texas with the specific service requirements as outlined in the SOW.

Contract Period: Option 4 POP Begin: 03-01-2029 POP End: 02-28-2030 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: IAW SOW

12.00 03/01/2025 - 02/28/2026

FOB: DESTINATION

1001 SHIP TO: IAW SOW

12.00 03/01/2026 - 02/28/2027

2001 SHIP TO: IAW SOW

12.00 03/01/2027 - 02/29/2028

3001 SHIP TO: IAW SOW

12.00 03/01/2028 - 02/28/2029

4001 SHIP TO: IAW SOW

12.00 03/01/2029 - 02/28/2030

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

MAY 2024

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

52.223-10 WASTE REDUCTION PROGRAM MAY 2024

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.247-34 F.O.B. DESTINATION NOV 1991

(End of Clause)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

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

2000)

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

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

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

(End of Clause)

C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

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

(1) Means a small business concern—

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

802.201, Surviving Spouse definition);

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

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

Veteran;

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

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

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

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

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

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

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

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15

U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

https://veterans.certify.sba.gov/

(b) General. In order for a concern to submit an offer and be eligible for the award of an

SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR

128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the

SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified

SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the

SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13

CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or

852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR

125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified

SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified

SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans

First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in

852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–

74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(End of Clause)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.10 VAAR 852.249-70 TERMINATION FOR DEFAULT—SUPPLEMENT FOR

MORTUARY SERVICES (MAY 2020)

The FAR clause entitled Default (Fixed-Price Supply and Service), at 52.249–8, is supplemented as follows:

The Contracting Officer may terminate this contract for default by written notice without the ten-day notice required by paragraph (a)(2) of the Default clause if—

(a) The Contractor, through circumstances reasonably within its control or that of its employees, performs any act under or in connection with this contract, or fails in the performance of any service under this contract and the act or failures may reasonably be considered to reflect discredit upon the Department of Veteran Affairs in fulfilling its responsibility for proper care of remains;

(b) The Contractor, or its employees, solicits relatives or friends of the deceased to purchase supplies or services not under this contract. (The Contractor may furnish supplies or arrange for services not under this contract, only if representatives of the deceased voluntarily request, select, and pay for them.);

(c) The services or any part of the services are performed by anyone other than the Contractor or the Contractor’s employees without the written authorization of the Contracting Officer;

(d) The Contractor refuses to perform the services required for any particular remains; or

(e) The Contractor mentions or otherwise uses this contract in its advertising in any way.

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

D.1 STATEMENT OF WORK

Title: Pharmaceutical Medical Waste (PMW) Services

1. SCOPE

The Contractor shall provide all labor, tools, materials, supplies, equipment, supervision and transportation required to perform controlled substance pharmaceutical waste treatment and disposal services to the

Michael E. DeBakey Veteran Affairs Medical Center (MEDVAMC) in Houston, TX, along with a total of two (2) individual Community Based Outpatient Clinics (CBOCs) located in Beaumont, and Lufkin Texas with the specific service requirements as outlined in this SOW. The specific services at a minimum shall include all materials, manpower, process equipment, licenses, permits, fees, fuel surcharge, transportation and computerized documentation for the complete pickup, treatment and disposal of an estimated total of controlled substance Pharmaceutical waste in an Approved or Alternate Treatment Methods Technology for Special Waste from Health Care-Related Facilities in strict compliance with all applicable Federal

(CDC, OSHA, DOT, EPA), 2014 DEA Ruling, The Disposal Act amended the Controlled Substances Act, State (TCEQ, TDH), and Local laws, regulations, ordinances, and codes, etc.

2 OPERATIONAL COVERAGE:

2.1 Normal work hours: Monday through Friday 8:00 am - 4:30 pm (excluding Federal Holidays).

2.2 Federal Holidays: The ten holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day, along with any other day specifically declared by the President of the United States to be a national holiday.

3 SPECIFICATION

3.1 Main Campus

3.1.1 Container storage and pickup locations: See Table 1 for specific locations. Vendor will be expected to service all locations.

3.1.2 Pickup Times: Containers shall be picked up daily, Monday through Saturday (and as needed) between the hours of 6:00 am and Noon, excluding Federal holidays. The contractor is responsible for adhering to established methods for picking-up, manifesting, transporting, documenting, labeling, processing, and delivery verification to the treatment and disposal facility generated infectious medical, pathological, and chemotherapy waste per State, Local, CDC, OSHA, DOT, and EPA regulations/laws/codes, etc.

3.1.3 The Contractor shall ensure treatment and disposal of VAMC generated pharmaceutical waste are segregated at storage on site, in separate pre-labeled containers provided by the vendor. Pharmaceutical waste shall be treated and disposed in accordance with the approved treatment method enforced by 21 C.F.R. § 1304.22(c) and the new disposal regulations in Part 1317 which do not alter the existing obligations to destroy pharmaceutical waste, federal (2014 DEA Ruling, The Disposal Act amended the

Controlled Substances Act), state, and local laws, regulations, and ordinances, including the TCEQ, TDH, OSHA, CDC, DEA, and EPA.

3.2 Community Based Outpatient Clinics:

3.2.1 The contractor shall furnish appropriate and adequate amounts of containers for collection, storage and transportation of medical waste. Containers shall be maintained per manufactured-design or replaced to meet manufacturer’s specifications, OSHA, DOT, and TCEQ regulations.

3.2.2 Container storage and pickup locations: Contractor shall service each location (see

Table 1) at every visit. Locations may change as determine by COR.

3.2.3 Pickup Times: The Contractor shall ensure the waste stream is managed and picked-up at each facility on a 60-day basis or as needed on a normal working day between the hours of 8:00 am – 2:00 pm, unless otherwise approved by the Contracting Officer (CO) or COR (Contracting Officer's Representative). The off-site VA facilities managed by the

MEDVAMC currently include:

CBOC Facility CBOC Address

Beaumont 3420 Veterans Circle, Beaumont, TX 77707

Lufkin 2206 N John Redditt Dr, Lufkin, TX 75904

4 Pharmaceutical RX Disposal

4.1.1 The Contractor shall provide all labor, tools, materials, supplies, equipment, supervision, and transportation required to perform this action.

4.1.2 The contractor shall install all Pharmaceutical RX Disposal units with puncture resistant lock boxes at specified locations.

4.1.3 The contractor shall go to each specified location (see table 1) on a 60-day basis to remove and replace all Pharmaceutical RX Disposal units.

4.1.3.1 Additional service calls will be charged on sperate Contract Line-Item Number

(CLIN).

4.1.4 Facility time for this work, except OR, (operating room) will be Mon-Fri 4:00am –

4:30pm.

4.1.4.1 Pharmaceutical RX Disposal work, in the OR, shall be accomplished between the hours of 4:00am and 8:00am as not to interfere with OR surgical times.

4.1.4.1.1 Special Dress out procedures will be needed to enter OR (these items will be provided by the Goverment)

4.1.4.1.1.1 Paper Scrubs (top and bottom)

4.1.4.1.1.2 Surgical mask

4.1.4.1.1.3 Surgical Cap

4.1.4.1.1.4 Surgical Foot Covering

4.1.4.1.1.4.1 If additional PPE (Personal protective equipment), to enter the

OR is required, then the GOV will provide.

Table 1

Inpatient Pharmacy Room Number

1A 1B-231

1B 1B-131

1C 1C-138

1D 1C-238

2A 2B-283

2C 2C-138

2D 2C-206

3A 3B-283

3B 3B-183

3C 3C-183

3D 3C-283

4B 4B-183

4D 4C-283

5A 5B-283

5B 5B-183

5E 5B-383

6A 6B-281

6D 6C-281

6F 6B-387

BRONCH-GI 3C-370

CATH LAB 1 3C-352D

CATH LAB 2 3C-352D

CATH LAB 3 3C-352D

CCU 3C-465

DENTAL CL 2A-342

DERM CL 2A-483

ENT CLINIC 1C-235

EP (Electrophysiology) 3C-330J

EYE CLINIC 1C-323

IR1 2A-508

IR2 2A-508

MICU 3C-473

NUC MED 2C-339

ONC CLINIC 4C-328

OR (30 total all OR) To Be Determine

OR ANES 5A-266

PACU 5A-135

PRIME CARE 1A-362

RESEARCH RX 4A-360

SACC A 5C-342

SACC B 5C-344

SACC C 5C-346

SACC D 5C-328

SICU2 5C-388

UROLOGY CL 2A-411

XRAY 2C-411E

Emergency Department 1A-804

CBOC-Lufkin J114

CBOC-Lufkin E103

CBOC-Beaumont 106

5 TERMS/PROVISIONS

5.1 The Contractor shall provide evidence their off-site or on-site medical/special waste treatment and disposition system for processing untreated RMW/special/infectious waste meets the performance standards, as outlined in 25 TAC 226 and TCEQ 30 TAC 330, Subchapter Y, 330.1201-330.1221. Failure to meet this requirement shall call for immediate termination of requested service stated and required in this contract.

5.2 The Contractor shall ensure an electronically generated copy of the medical waste manifest or a written record per 30 TAC, Chapter 330.1211 is attached to each electronically generated invoice showing proof of the daily quantity and total monthly amount of medical waste treated in pounds, prior to requesting and receiving payment for services rendered. The inventory report shall include each site listed in this SOW; along with the amount of RMW, CD, and PW.

5.3 The Contractor shall maintain documentation demonstrating its employees or contractors are properly trained, medical tested and wear an appropriate level of Personal Protective Equipment

(PPE). The Contractor shall ensure employee or contractors wear PPE prior to engaging in any activities involving maintenance of processing equipment or handling of infectious waste generated by this health care facility per 29 CFR OSHA 1910.1030.

5.4 The Contractor shall provide technical assistance and training to facility personnel on current waste segregation, waste collection, and reduction practices, as needed to support the facility’s solid waste reduction program goals per Executive Order 13693.

5.5 If applicable, the Contractor shall meet all requirements necessitated by regulatory or technology changes during the life of this contract, at no additional cost to the Government. Failure to meet these specifications and requirements in 30 TAC 330, Subchapter Y and 25 TAC Chapter 1, Subchapter K shall be grounds for unilateral termination of the service.

5.6 The Contractor is fully responsible and liable for all incidents resulting from any claims or reports for any infectious diseases or reactions resulting from using their technology either on-site or off-site at present or in the future.

5.7 The Government shall ensure RMW (includes special waste), other infectious materials and residual chemotherapy waste generated from clinical and/or research processes are discarded into approved containers provided by the contractor for storage and transport of medical, special, infectious, and residual chemotherapy waste to the contractor’s RMW treatment and disposal site.

5.8 The Contractor shall as a separate contingency option, furnish all services, materials, equipment, transportation, storage, and manpower, as necessary to treat and dispose of DOT Infectious

Substances, i.e., identified as “Category A and Category B” mixed with medical/infectious waste on a fixed per-drum-fee, in strict compliance with Federal (CDC, OSHA, EPA, and DOT) and

State (TCEQ) regulations.

5.9 Continuity of Service: A thirty (30) day Phase-in/Phase-Out period, effective on the contract commencement date is required to facilitate a potential change in contractors upon expiration of the current contract and to ensure continuity for service. When there is a change in contractor, it shall be the responsibility of the new contractor to ensure the transition is accomplished without delays in scheduling RMW services.

4.11 Changes to Contract or SOW: Changes to this SOW or the impending contract shall only be.

authorized and approved through written correspondence form the CO. A copy of each change shall be kept in a project folder along with all other documents or items pertaining to the project.

Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

4.12 Payment: The contractor shall submit requests for payment electronically to the VA’s.

Tungsten Network. Invoices shall be paid monthly in arrears for all authorized work performed upon receipt of a properly prepared invoice submitted to: https://www.fsc.va.gov/einvoice.asp.

Invoices must include contract number, purchase order number, location inspected/treated and date inspected/treated. Non-performance or late performance may result in delayed or reduced payment under this contract

(End of Statement of Work)

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

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

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR

Number

Title Date

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

SEP 2023

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-20 PREDECESSOR OF OFFEROR AUG 2020

52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

(End of Provision)

E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Provision)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at

52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the…