S02 - 36C25625Q0388.pdf
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- Solicitation number
- 36C25625Q0388
About this file
This is a Request for Quote (RFQ) solicitation package for regulated medical waste disposal services at Overton Brooks VA Medical Center (OBVAMC) and associated clinics. The Department of Veterans Affairs Network Contracting Office 16 seeks a contractor to handle, transport and dispose of Category "A" Infectious Substances, trace chemotherapeutic waste, controlled substance pharmacy waste, pharmaceutical waste, pathological waste, and regulated medical waste, with an average monthly volume of 750 lbs RMW.
The solicitation is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside with NAICS code 562112 and size standard of $47 million. The period of performance includes a base period from 04/01/2025 to 03/31/2026 with four 12-month option periods. Key requirements include pharmaceutical formulary review, providing collection containers, technical consulting, electronic recordkeeping, emergency spill response, contingency planning, quality assurance, safety planning, and staff training. Services are required at the main OBVAMC facility in Shreveport, LA as well as clinics in Monroe LA, Longview TX, and Texarkana TX. Technical questions are due by 02/11/2025 at 2:30 PM CST and proposals are due by 02/19/2025 at 2:30 PM CST.
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Other files
| File | Type | Posted |
|---|---|---|
| P07 - WD 2015-5145 Rev 25 Texarkana TX.pdf | ||
| 36C25625Q0388_1.docx | DOCX document | |
| P07 - WD 2015-5187 Rev 25 Monro LA.pdf | ||
| P07 - WD 2015-5241 Rev 24 Longview TX.pdf | ||
| P07 - WD 2015-5191 Rev 25 Shreveport LA.pdf |
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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
667-25-3-397-0007
36C25625Q0388 02-05-2025
T Miller 713-791-1414 x229073 02-19-2025
2:30 PM CST
Department of Veterans Affairs
Network Contracting Office 16
5075 Westheimer Road, Suite 750
T Miller
Houston TX 77056-5643
X 100
X
562112
$47 Million
N/A
X
Department of Veterans Affairs
Overton Brooks VA Medical Center
CC: Mr. Michael Rice
510 E. Stoner Ave
Shreveport LA 71101
Department of Veterans Affairs
Network Contracting Office 16
5075 Westheimer Road, Suite 750
Houston TX 77056-5643
FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp
Invoice Setup Information 1-877-489-6135
Invoice must be submitted electronically
See CONTINUATION Page
Provide Regulated Medical Waste Disposal Services for
Overton Brooks VA Medical Center as well as other sites as specified in the Performance Work Statement (PWS).
Questions due NLT 02/11/2025 by 2:30 PM CST via email to t.miller@va.gov. No phone calls will be accepted.
Solicitation responses due NLT 02/19/2025 by 2:30 PM CST
Period of Performance: Base Period: 04/01/2025 - 03/31/2026, with four (4) twelve-month option periods.
Notice of Total Service Disabled Veteran Owned Small
Business Set-Aside applies to all items in this solicitation.
All Offerors must be registered and certified as a SDVOSB in VetCert at the time of solicitation response and award.
See CONTINUATION Page
X 1
36C25625Q0388
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
B.4 PERFORMANCE WORK STATEMENT
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 33
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)
C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(NOV 2018)
C.11 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)
C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 40
C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2024)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL
ITEMS
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
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 36C256 Ricky Weaver ricky.weaver2@va.gov Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston, Tx, 77056-5643
Contract Specialist 36C256 T. Miller t.miller@va.gov Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston, Tx, 77056-5643
Job POC:
Department Of Veterans Affairs Overton Brooks VA Medical Center Michael Rice michael.rice8@va.gov Phone: 318-990-5208 Address: 510 E. Stoner Ave, Shreveport, LA 71101
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 [] mailto:ricky.weaver2@va.gov mailto:t.miller@va.gov
c. Other [X] Monthly upon Completion of Services
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 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
12.00
MO
RMW Autoclave - Includes up to 750 pounds per month of autoclaved waste.
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection
RMW Incineration - Includes up to 500 pounds per month of incinerated waste.
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
Rx Program Main Facility - Allotting for 56 container locations with 1- 2 gl black haz waste disposable container and 1-8 gl blue reusable non-haz container. Disposal of up to 24 hazardous waste drums annually.
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
Rx Program CBOC's - On call services. Up to two pick-ups per year, includes WEBBASED training only, up to 4 containers any size (18-8- 2 gl) annually.
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
CsRx Program Allotting for up to 19 locations for 1 & 3 gallon containers. Will be monitored weekly and disposed of as required.
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
1.00
YR
Waste Audit - Facility survey of RMW, recyclables and provide comprehensive report on process improvements for waste flow and characterization. Quarterly Audits
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
U.S. DOT Training - 1 U.S. DOT Train the Trainer Session (base period only) to be provided at the Overton Brooks VA Medical Center. Also includes access to U.S. DOT training via www.asiwaste.com/training.
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
Resource Conservation and Recovery Act Waste (RCRA) Removal and Disposal.
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection autoclaved waste.
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2026 POP End: 03-31-2027
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection incinerated waste.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection non-haz container. Disposal of up to 24 hazardous waste drums annually.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
2 gl) annually.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection containers. Will be monitored weekly and disposed of as required.
Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection comprehensive report on process improvements for waste flow and characterization. Quarterly Audits.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
In accordance with the Performance Work Statement (PWS)
Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
Contract Period: Base POP Begin: 04-01-2027 POP End: 03-31-2028
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection non-haz container. Disposal of up to 24 hazardous waste drums annually.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
2 gl) annually.
Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection containers. Will be monitored weekly and disposed of as required.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection characterization. Quarterly Audits.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2028 POP End: 03-31-2029
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection non-haz container. Disposal of up to 24 hazardous waste drums annually.
Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection includes WEBBASED training only, up to 4 containers any size (18-8- 2 gl) annually.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection characterization. Quarterly Audits.
Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
In accordance with the Performance Work Statement (PWS).
Contract Period: Base POP Begin: 04-01-2029 POP End: 03-31-2030
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection non-haz container. Disposal of up to 24 hazardous waste drums annually.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
2 gl) annually.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection characterization. Quarterly Audits.
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
In accordance with the Performance Work Statement (PWS).
Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
GRAND TOTAL
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 -
SHIP TO: Department of Veteran Affairs Overton Brooks VAMC CC: Michael Rice 510 E. Stoner Ave, LA 71101
US
See CLIN See CLIN
MARK FOR: Michael Rice 318-990-5208 Michael.Rice8@va.gov
FOB: DESTINATION
1001 -
SHIP TO: Department of Veteran Affairs Overton Brooks VA Medical Center 510 E Stoner Ave Shreveport, LA 71101
USA
michael.rice8@va.gov
2001 -
SHIP TO: Overton Brooks VA Medical Center CC: Michael Rice 510 East Stoner Avenue Shreveport, TX 71101
US
3001 -
SHIP TO: Department of Veteran Affairs Overton Brooks VA Medical Center 510 E Stoner Ave
MARK FOR: Michael Rice
4001 -
SHIP TO: Department of Veteran Affairs Overton Brooks VA Medical Center 510 E Stoner Ave
B.4 PERFORMANCE WORK STATEMENT
REGULATED MEDICAL WASTE DISPOSAL
A. General
1. Scope:
a) Overton Brooks VA Medical Center (OBVAMC), intends to award a requirement contract for services to a responsible firm with the capability to properly handle, transport and dispose of 1. Category "A" Infectious Substances, 2. Trace
Chemotherapeutic Waste, 3. Controlled Substance Pharmacy Waste (CsRx), 4.
Pharmaceutical Waste (including bulk chemotherapeutic waste), 5. Pathological
Waste and 6. Regulated Medical Waste. Facility produces an average of 750 lbs. of
RMW monthly. All waste streams shall be transported from satellite accumulation areas to the central accumulation 4th floor, room 4E16. The contractor shall also provide pharmaceutical formulary review; collection containers; technical consulting;
electronic recordkeeping; emergency spill response; operational contingency plan;
quality assurance plan; safety plan; and staff training.
2. Background:
a) The geographical footprint of Overton Brooks VA Medical Center includes the Main campus located in Shreveport, LA with an inpatient capacity of 100 patients and three Community Based Clinics (CBOCs) located in Monroe LA; Longview TX, and
Texarkana, TX.
3. Facility Locations:
a) Overton Brooks VAMC, 510 E. Stoner Ave, Shreveport, LA, 71101
b) Knight Street VA Clinic, 3000 Knight Street, Building 5, Shreveport, LA, 71105
c) Monroe CBOC, 250 DeSiard Plaza Drive, Monroe, LA, 71203
d) Texarkana CBOC, 5701 Summerhill Rd, Texarkana, TX, 75503
e) Longview CBOC, 1005 N. Eastman Rd. Longview, TX, 75601
4. Performance Period:
a) The Period of Performance for this service shall be one (1) base period and four (4) year option periods.
B. Schedule
1. Normal Work Hours:
a) Friday, excluding federal holidays, between 6:00AM and 10:00AM.
2. Federal Holidays:
a) The holidays observed by the Federal Government are as follows, 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. In addition to any other day specifically declared a by the
President of the United States to be a national holiday.
C. Specifications
1. The contractor shall comply with all applicable federal, state, and local statues, regulations, codes and requirements regarding collection, management, transport, and disposal of waste, including but not limited to Category “A” Infectious Substances, Trace
Chemo Waste, Controlled Substance Pharmacy Waste, Hazardous and Non-Hazardous
Pharmaceutical Waste (including bulk chemo waste), Pathological Waste, and
Regulated Medical Waste.
2. Collection:
a) Medical Waste: Contractor shall be responsible for collection of all appropriately packaged and labeled medical waste containers from facility designated staging area (rear loading dock) at OBVAMC. The contractor shall also be responsible for the proper labeling of all containers prior to transport from facility. The containers must bear the name and address of the generator (VA) and transporter (Contractor). The contractor shall perform collection from Overton Brooks VAMC every Friday between 6:00AM and 10:00AM, excluding federal holidays, and Knight Street VA Clinic, Monroe, Texarkana, and Longview CBOC’s quarterly on the 1st of the month, excluding federal holidays. Contractor shall be responsible for any spills that may occur after containers are removed from staging area. The VA shall be responsible for ensuring medical waste is transported from main storage area to designated staging area (rear loading dock) in appropriate medical waste containers.
All RMW waste shall be loaded into 96-gallon reusable mobile receptacles on wheels at the OBVAMC. All other waste streams shall be collected in designated container for that specific waste stream. The contractor shall be responsible for loading all waste containers to contractor’s transportation vehicle. The VA shall also be responsible for maintaining storage area in a clean and sanitary condition.
b) Pharmaceutical Waste (Hazardous & Non-Hazardous): Contractor shall be responsible for collection and transport of all appropriately packaged and labeled pharmaceutical waste containers from designated generation points within main facility to designated storage area Building 1, Main Hospital, Room BN9. The contractor shall also be responsible for the proper labeling of all containers prior to transport from facility. The containers must bear the name and address of the generator (VA) and transporter (Contractor). The contractor shall perform collection daily (Monday through Friday, excluding federal holidays) between 8:00AM and 4:00PM and be responsible for any spills that may occur after containers are removed from storage area. The VA shall be responsible for maintaining storage area in a clean and sanitary condition.
i. Pharmaceutical Waste Characterization: The Contractor shall perform characterization of all waste streams generated by each facility using process knowledge, identification of the chemicals, and other types of chemical analysis including but not limited to Toxicity Characteristic Leaching Procedure (TCLP).
Chemical wastes shall include but not be limited to ignitable, corrosives, poisons/ toxics, and reactive wastes. Waste characterization and chemical analysis shall be done at no additional cost to the Government.
c) Controlled Substance Waste: Contractor shall be responsible for collection and transport of all appropriately packaged and labeled pharmaceutical waste containers from designated generation points within main facility to designated storage area Building 1, Main Hospital, Room BN9. The contractor shall also be responsible for the proper labeling of all containers prior to transport from facility. The containers must bear the name and address of the generator (VA) and transporter (Contractor).
The contractor shall perform collection daily (Monday through Friday, excluding federal holidays) between 8:00AM and 4:00PM and be responsible for any spills that may occur after containers are removed from storage area. The VA shall be
i. Controlled Substance Pharmaceutical Waste Disposal Characterization:
contractor to provide supplies, equipment, labor for Controlled Substance Waste Disposal (CsRx) Program waste containers designed to securely deactivate and dispose of controlled substances. Disposal System acts immediately to deactivate controlled substance waste in the approved container. Will be deterrent to prevent ingestions of the liquid while in use. Mandatory solidification of waste prior to shipping secures content and prevents diversion.
d) Resource Conservation and Recovery Act Waste (RCRA): Contractor shall be responsible for collection and transport of all appropriately packaged, labeled, RCRA HAZMAT waste containers from designated main facility to designated storage area Building 1, Main Hospital, Room BN19. Contractor will be responsible for loading and weighing. Transport vehicle should be equipped with a scale. The VA shall be
i. Scheduled Pickups for RCRA: Hospital GEMS Coordinator will schedule and coordinate all collections with Contractor two (2) weeks prior to collection date.
GEMS coordinator will notify EMS of all scheduled collection dates. The following identifies the type of waste, classification, and frequency for removal:
• C’Diff and MRSA Cartridges – Corrosive – RCRA HAZMAT, 55-gallon drum removal every 6 weeks
• Ethanol/methanol – Flammable – RCRA HAZMAT, 55-gallon drum removal monthly
• Expired Reagents – Flammable – RCRA HAZMAT, biannual removal
• Expired Acid – Corrosive – RCRA HAZMAT, biannual removal
• Contrast Dye – Flammable – RCRA HAZMAT, annual removal
e) Containers: The contractor shall provide all containers for performance of the contract. A minimum of 15; 96-gallon reusable mobile receptacles on wheels shall be provided for use at the OBVAMC. All other containers provided shall accommodate facility monthly generation of all waste streams covered under the contract.
Contractor provided containers shall be clean, sanitized, leak proof, rigid, stackable, sealable, transportable, designed so government employees will not be required to lift more than 35 lbs. and shall display the universal biohazard symbol. Containers shall be labeled IAW guidelines and regulations prescribed by regulatory authorities including Environmental Protection Agency (EPA), Department of Transportation (DOT), and Occupational, Safety and Health Administration (OSHA). All containers shall be labeled with contractor’s and generator’s names, addresses and phone numbers. All labels containing generator identifiers shall be removed from containers at the time of waste treatment and or/disposal. Containers shall be identifiable as to type of waste contained within, (i.e. yellow for chemo, red for medical waste) and approved by the COR. Labels will be provided for the trace chemo waste to differentiate and to identify material for incineration. Container sanitizing shall be completed at an offsite location.
3. Management:
a) Operation Plan: The contractor shall provide a management solution fully addressing all operational elements. The operation plan shall minimally address all significant aspects of performance. Standard Operating Procedures (SOP’s) for conducting normal waste management activities for all waste streams covered under the contract shall be included in operation plan. The plan shall include the following, each of which shall be subject to approval by the State Health Officer or designee:
i. The methods to be used for handling potentially infectious biomedical waste separately from other waste which prevents unauthorize persons from having access to contact with waste.
ii. The methods to be used for labeling each package of potentially infectious biomedical waste, and if needed, the methods for tracking such waste, if the name, address, and phone number of the generator is not to appear on the outer package as specified.
iii. The method used for loading and unloading of such waste which limits the number of persons handling the waste and minimizes the possibility of exposure of employees and the public to potentially infectious biomedical waste.
iv. The methods to be used for decontaminating emptied reusable potentially infectious biomedical waste containers, transport vehicles and facility equipment which are known or believed to have been contaminated with potentially infectious biomedical waste.
v. The provision required use of clean protective gloves and uniforms for persons manually loading or unloading containers of potentially infectious biomedical waste on or from transport vehicles. Soiled protective gear shall be laundered or otherwise properly treated.
vi. The management of any person having had bodily contact with potentially infectious biomedical waste.
b) Training Plan: The contractor shall provide a comprehensive training plan. The plan shall provide pharmaceutical waste training to employees responsible for placement of hazardous waste at satellite accumulation within each facility. Training shall be provided via online portal for CBOC’s. The training plan shall outline annual training requirements for government staff and be facilitated by contractor. Online training is acceptable. Training records shall be electronically documented, stored, accessible, and available for government inspection as needed. The contractor shall provide quarterly reports to the core that identifies which VA employees have been trained, the date and time of training, course titles, and the regulatory statues satisfied by the training. Information covered in training plan shall include:
i. Spill remediation
ii. First aid procedures
iii. Interim storage requirements
iv. Waste identification and labeling procedures
v. State specific regulation
vi. Manifest requirements
vii. Records management
viii. Emergency response procedures
ix. Land disposal restrictions
x. DOT Hazardous Material training
c) Contingency Plan: The contractor shall maintain a Standard Operating Plan for contingency operations to avoids disruption of government operations due to failure of equipment or personnel issues. The contractor shall provide contingency services within 8 hours of receiving notice from government official. Contractor shall take all reasonable measures to ensure continuity of service during contingency operations.
The plan shall minimally address:
i. Contractor’s emergency response (ER) policies and procedures
ii. ER capabilities and limitations
iii. Type of ER equipment maintained (specify if owned or subcontracted from whom)
iv. ER personnel staffing levels, training and experience
v. How to request an emergency response
vi. How the contractor notifies personnel and initiates response actions
vii. Incident command procedures followed by contractor
viii. Emergency Response procedures
ix. Spill management procedures
d) Quality Plan: The contractor shall provide a comprehensive quality assurance plan.
The plan shall detail most significant waste management quality elements and identify minimum CFR, DOT, EPA, OSHA, and ISO standards that will be followed in performance of the contract. The contractor shall maintain electronic copies of all quality records which shall be provided to the government upon request. The government will investigate complaints from Overton Brooks VAMC. All information received will be provided either verbally and/or in writing to contractor for appropriate action. The plan shall minimally address:
i. A monthly recurring inspection system for services provided and identify work areas inspected.
ii. A method of identifying deficiencies in the quality of service performed before performance becomes unacceptable.
iii. An inspection log listing discrepancies and corrective action taken.
e) Safety Plan: The contractor shall provide a site-specific safety plan to aid in adequately protecting government employees and nearby population during packaging and collection operations. The plan shall identify safety protocols and modalities that will be used in performance of the requirement. The contractor shall identify which minimum CFR, DOT, EPA, OSHA, and ISO safety standards will be followed in performance of the contract.
4. Transportation: Contractor shall ensure the transport, handling and licensing of all waste streams identified in the contract comply with all applicable federal, state, and local statues. Contractor shall not subcontract transportation of medical waste.
Contractor shall be responsible for any spill occurring during or after loading of waste containers to contractor’s transport vehicle. Contractor shall ensure waste is not subject to compaction or other forms of mechanical stress. Contractor shall provide water resistant labeling on all containers clearly identifying the name of the transporter or immediate handler and state permit or identification number of the transporter.
Contractor shall deliver all medical waste covered under the contract only to facilities that are permitted to transfer, store, treat, or otherwise receive such waste in accordance with all federal, state, and local laws, rules, and regulations.
a) Vehicles: All transportation equipment shall be properly permitted, and copies of all permits shall be provided to VA prior to execution of any contract. Contractor vehicles shall meet the following minimum requirements:
i. The vehicle must have a fully enclosed cargo carrying body or compartment which is an integral part of the vehicle or firmly attached thereto and which affords protection from theft, vandalism, inadvertent human and animal exposure, rain, rodents, and insects. The cargo body or compartment shall be separated by a solid barrier from the driver and passenger.
ii. Provisions shall be made for the containment within the body or compartment of any liquid that might leak from packaged waste.
iii. The cargo body or compartment shall be maintained in good sanitary condition and must be secured when left unattended.
iv. The cargo body or vehicle containing the cargo compartment shall be identified on both sides with the name of contractor. The vehicle shall have the words “Medical Waste”, “Infectious Waste, “Regulated Medical Waste”, or “Potentially Infectious Biomedical Waste” in letters at least three inches high on contrast background. In addition, a current permit decal issued by the department of Health shall be affixed to the lower front section of the left side of the cargo body or to the driver’s side door of vehicle.
b) Personnel: All contractor transportation equipment operators shall be appropriately trained driving, equipment operations, and spill procedures. Any person transporting potentially infectious biomedical waste for a generator other than himself shall secure a permit from the State Health Officer or his duly authorized representative by submitting each of the following:
i. A completed and signed permit application form provided by the Louisiana
Department of Health and Hospitals. The forms shall contain the following:
a. A statement certifying that the permittee understands and will comply with the applicable requirements of this chapter;
b. A list of vehicles and containers to be used by the permittee for transporting potentially infectious medical waste, and;
c. A copy of certificate of insurance.
d. A commitment that insurance will be fully maintained for the duration of the permit.
5. Disposal: Contractor must be registered with the State Office and provide a copy of that registration to VA. The contractor shall incinerate or otherwise dispose of all waste streams covered under contract in accordance with all applicable EPA, DOT, OSHA, and any other federal, state, and local guidelines. The medical waste covered under the contract shall be incinerated by the contractor in accordance with federal, state, and local laws rules and regulations. The incineration equipment and site shall be appropriately permitted as per state Sanitary of Louisiana, Sanitary Code 27:027.2.
Contractor shall provide to the VA prior execution of the contract, copies of all applicable permits, including permits to build, permit to install, permit to operate, solid waste permit and air quality permit. He contractor shall comply with all EPA, DEQ, federal, state, and local laws and regulations. Contractor shall provide evidence of long-term pollution liability coverage.
D. Documentation
1. The contractor shall provide a completed and signed Uniform Hazardous Waste
Manifest to the COR or designee before any waste material is shipped from Overton
Brooks VAMC. The manifest shall be signed by the contractor and the COR or designee, and a copy provided to the COR or designee. Manifests data shall minimally include:
a) Pickup/Delivery Location
b) Pickup/Delivery Date
c) Amount of waste (number of containers picked up and/or pounds)
d) Destruction Certification Document/Manifest Number
e) Destruction Certificate Date
E. Invoice and Payment:
1. Offeror shall submit quotes upon completion. See VAAR Clause 852.232-72, Electronic
Submission of Payment Requests for invoicing procedures. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR). A properly prepared invoice will contain:
a) Invoice Number and Date
b) Contractor’s Name and Address
c) Accurate Purchase Order Number
d) Supply or Service Provided
e) Total Amount Due
Payments shall be made in accordance with the Prompt Payment Act out of the
Government annual appropriated funds obligated in a task order which will be issued after the contract is awarded.
Note: Invoices that are not in compliance with the aforementioned requirements under this paragraph will be rejected for payments and required to be resubmitted.
F. Point of Contact:
1. The primary Point of Contact (POC):
Name: Mr. Michael Rice
E-mail: michael.rice8@va.gov
Phone: 318-990-5208
(End) mailto:michael.rice8@va.gov
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The
Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims
Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the
Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the
Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by
Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-
5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the
Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The
Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with
Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service
(TOS), or similar legal instrument or agreement, that includes any clause requiring the
Government…
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