S02 - 36C25626Q0640.pdf
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- S205--RMW and Sharps Management Amendment 0002
- Solicitation number
- 36C25626Q0640
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Solicitation Summary: Regulated Medical Waste and Sharps Container Management Services
This is a Department of Veterans Affairs (VA) Solicitation/Contract/Order for Commercial Products and Commercial Services (SF 1449) for regulated medical waste and reusable sharps container management and disposal services. The solicitation number is 36C25626Q0640, issued on April 27, 2026, with responses due by May 22, 2026 at 3:00 PM CDT. This is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), and all offerors must be registered and certified as SDVOSBs on SBA.gov at the time of proposal submission. The contract is an indefinite-quantity (IDIQ) agreement with a five-year performance period from August 1, 2026 through July 31, 2031. The maximum contract capacity is $3,000,000, with a guaranteed minimum of $2,500. Invoices must be submitted electronically via FSC e-Invoice Payment. Payment is monthly in arrears based on actual services rendered.
The contractor must provide comprehensive regulated medical waste and sharps container management services at Central Arkansas Veterans Healthcare System (CAVHS) facilities in Little Rock and North Little Rock, Arkansas, plus six Community-Based Outpatient Clinics (CBOCs). Services include collection and disposal of contents from up to 1,500 sharps containers monthly (Line Item 0001) and disposal of other regulated medical waste estimated at 1,569,000 pounds over the contract period (Line Item 0002). The contractor must supply and maintain reusable sharps containers, provide transportation in compliant vehicles, ensure proper incineration of all regulated waste, and maintain detailed shipment logs. All work must comply with OSHA, EPA, FDA, DOT, Arkansas Department of Health, and ADEQ regulations. Contractor must conduct a site survey, provide an Exposure Control Plan and Spill Response Plan, maintain worker's compensation and liability insurance ($500,000 general liability minimum), and demonstrate three years of experience servicing similar-sized hospitals. A mandatory site visit is scheduled for May 5, 2026 at 9:00 AM. Technical questions are due by May 8, 2026 at 3:00 PM CDT via email to t.miller@va.gov. Offerors must submit three separate volumes addressing technical capability, pricing, and pick-up/performance schedule, along with a Subcontracting Management Plan demonstrating compliance with 50% limitations on subcontracting for service contracts.
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Other files
| File | Type | Posted |
|---|---|---|
| Star Report New Little Rock VAMC.xlsx | XLSX spreadsheet | |
| 36C25626Q0640 0002.pdf | ||
| 36C25626Q0640 0002_1.docx | DOCX document | |
| 36C25626Q0640 0001.pdf | ||
| 36C25626Q0640 0001_1.docx | DOCX document | |
| S05 - Sign in Sheet.pdf | ||
| S05 - 36C25626Q0640 - RMW and Sharps Management Questions Answered.pdf | ||
| WD 2015-5117 Rev 29.pdf | ||
| WD 2015-5113 Rev 27.pdf | ||
| 36C25626Q0640_1.docx | DOCX document | |
| WD 2015-5137 Rev 29.pdf | ||
| WD 2015-5121 Rev 28.pdf | ||
| QASP RMW Station 1.doc | DOC document | |
| WD 2015-5133 Rev 29.pdf | ||
| WD 2015-5123 Rev 29.pdf |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER
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
36C25626Q0640
6. SOLICITATION ISSUE DATE
4-27-2026
T Miller 713-791-1414 x229073 05-27-2026
3:00 PM CDT
Department of Veterans Affairs
Network Contracting Office 16
5075 Westheimer Road, Suite 750
T Miller
Houston TX 77056-5643
X 100
X
562112
N/A
X
Department of Veterans Affairs
McClellan Memorial Veterans' Hospital
4300 W. 7th Street
Houston TX 77030-4298
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
The contractor shall provide all labor, tools, materials, equipment, transportation and supervision necessary to complete all work associated with providing regulated medical waste and reusable sharps container management
& disposal services in complete and strict accordance with this contract and all attachments hereto.
Questions due NLT 05/08/2026 by 3:00 PM CST via email to t.miller@va.gov. No phone calls will be accepted.
Site Visit: 05/05/2026 Time: 9:00 AM
Solicitation responses due NLT 05/22/2026 by 3:00 PM CST
Period of Performance: 08/01/2026 - 07/31/2031.
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 on SBA.gov at the time of solicitation response and award.
See CONTINUATION Page
X X
X 1
36C25626Q0640
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
B.3 DELIVERY SCHEDULE
B.4 PERFORMANCE WORK STATEMENT
SECTION C - CONTRACT CLAUSES
C.1 52.216-18 ORDERING (AUG 2020)
C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.3 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)
C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.5 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY
2014)
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 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 24
C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(NOV 2018)
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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.5 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)
(DEVIATION)
E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.8 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)
E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)
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: Contract Officer 36C256 Joseph Warren joseph.warren@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
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
3. INVOICES: Invoices shall be submitted in arrears:
a. Other [X] Monthly
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment
Requests.
mailto:joseph.warren@va.gov mailto:t.miller@va.gov
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
NOTES:
1) Orders may be issued by mail, email, or facsimile.
2) Orders may only be placed by warranted contracting officers of VHA Network Contracting Office 16 (NCO 16).
3) Orders will be priced based on the price(s) in effect on the date the order is signed by the Contracting Officer.
4) The total guaranteed minimum value of this contract is $2,500.00. The Government makes no other guarantees regarding combined or individual order amounts.
5) The maximum capacity (value) for this contract, including all orders placed against it, is limited to $3,000,000.00. This amount shall not be exceeded by any individual order, or combination of orders placed.
6) Neither this contract nor any order placed against it authorize payment of any cancellation charges to the contractor or any other entity, including but not limited to subcontractors.
7) Make sure to review “52.212-2 EVALUATION—COMMERCIAL ITEMS” evaluation factors located on page 38.
8) Completed VAAR 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services And Construction (Jan 2023).
9) The offeror shall submit a Subcontracting Management Plan (SMP) with its proposal detailing how it will comply with VAAR 852.219-75. The plan must identify: (a) The specific tasks the prime contractor will perform, (b) The specific tasks to be subcontracted, (c) The name and SBA Certification status of each subcontractor, (d) The anticipated percentage of total contract cost for each, and (e) An explanation of how all subcontractors qualify as 'similarly situated'.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
60.00
MO
Collection and disposal of contents of up to 1500 Sharps containers and other regulated medical waste in accordance with the Statement of Work.
This line item includes cost for disposal of Sharps container contents.
Cost for disposal of "other" regulated medical waste are covered in Line Item 0002.
Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2031
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection
1,569,000.00
LB
Disposal fee for "other" regulated medical waste (not to include contents of Sharps containers).
This quantity is an estimate only. Fee will be based on actual quantity disposed of.
Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2031
PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection
GRAND TOTAL
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 SHIP TO: Department of Veteran Affairs McClellan Memorial Veterans' Hospital 4300 W. 7th Street Little Rock, AR 72205
USA
60.00 08/01/2026 - 07/31/2031
MARK FOR:
FOB: DESTINATION
0002 SHIP TO: Department of Veteran Affairs McClellan Memorial Veterans' Hospital 4300 W. 7th Street Little Rock, AR 72205
USA
1,569,000.00 08/01/2026 - 07/31/2031
MARK FOR:
FOB: DESTINATION
B.4 PERFORMANCE WORK STATEMENT
Performance Work Statement (PWS) Regulated Medical Waste/Biohazardous Waste and Sharps Container Management Central Arkansas Veterans Healthcare System (CAVHS)
1. Scope:
A. The contractor shall provide all labor, tools, materials, equipment, transportation and supervision necessary to complete all work associated with providing regulated medical waste and reusable sharps container management & disposal services. All work shall be complete and strict in accordance with this Performance Work Statement.
2. General:
A. The services will be conducted at Central Arkansas Veterans Healthcare System facilities:
1) 4300 W. 7th Street, Little Rock, Arkansas, 72205
2) 2200 Fort Roots Drive, North Little Rock, Arkansas, 72114
B. Additionally, RMW will be collected at the following locations:
1) Conway CBOC at 1520 East Dave Ward Drive, Conway, Arkansas 72032
2) Searcy CBOC at 1120 South Main Street, Searcy, AR 72143-7319
3) Russellville CBOC at 3106 West 2nd CT. Russellville, AR 72801
4) Hot Springs CBOC at 177 Sawtooth Oak Street, Hot Springs, AR 71901
5) Pine Bluff CBOC 2906 Market St., Pine Bluff, AR 71601
6) El Dorado CBOC 460 W Oak St, El Dorado, AR 71730
C. Vendors are advised that VA reorganization may necessitate adding additional locations to this contract in the future. Any such additions will be completed by bilateral modification.
D. Period of Performance:
1) 5 Year IDIQ.
E. The frequency of service at each facility will be established after the Contractor has completed a site survey but a minimum coverage of eight (8) hour days, five (5) days in Little Rock and five (5) days in North Little Rock must be met. The contractor may use multiple employees for coverage. Services provided by the Contractor shall be in accordance with the following local, state and federal regulations:
1) Occupational Safety and Health Administration (OSHA), including but not limited to
Blood Borne Pathogen Standard 29 CFR 1910.1030 and the Needle Stick Safety and Prevention Act HR 5178 as it specifically relates to reusable containers.
2) Environmental Protection Agency (EPA)
3) Food and Drug Administration (FDA) including but not limited to Title 21 of the Code of Federal Regulations (CFR)
4) Quality Systems Regulation (QSR) with regards to processing, validation, reporting, and annual registering for all equipment used to release medical equipment into commerce Arkansas Department of Health Act 96 or 1913 as amended, the Management of Medical Waste from Generators and Healthcare Facilities
5) Department of Transportation (DOT)
6) Arkansas Department of Environmental Quality (ADEQ)
7) National Environmental Policy Act (NEPA)
3. Regulated Requirements:
A. The Contractor will conduct a site survey at both campuses to identify the quantity, size, locations and exchange frequency for reusable sharps containers. Existing sharps container locations and sizes will be used as a guideline. During the site survey, area specific staff will be allowed to provide input. For the reusable Sharp’s container management, the Contractor shall supply and install all necessary locking mounting wall brackets, floor dollies and countertop stability bases where needed. The Contractor shall adhere to NIOSH regulations. Reusable sharps containers will be exchanged by an employee of the primary contracting company at a set frequency to ensure sharps containers do not overfill. Contractor shall exchange unit when container is ¾ full or less. The unit exchange frequency may vary from area to area. The exchange frequency will be based on patient care volume in each location. The needs of specialty areas as well as restricted access areas will be determined during the site survey conducted by the contractor. The Contractor will provide a supply of clean reusable sharps containers to be kept on site to be used if a container does become full prior to the contractor’s scheduled exchange visit. Contents of reusable sharps containers shall be transported off station and disposed of as RMW. The contaminated reusable sharps containers shall be cleaned and disinfected for reuse.
B. The Contractor shall provide rigid puncture resistant vertical drop reusable sharps containers as defined following site visit for lease in patient care areas, P&LMS, public restrooms, and Research Department. Empty containers must be available for normal service, installation and change out daily. Contractor will work with CAVHS staff for removal, relocation and installation of containers prior to, during and after remodeling and other construction projects. Contractor shall work with a Medical Center COR or designee to pick up and remove existing sharps containers, waste, and brackets. All removed brackets and accessories will be provided to the VA upon removal. Contractor will replace all existing sharp container brackets with reusable sharps container brackets and containers to include wheeled medication carts. The Contractor shall provide containers that comply with the Federal, State, and Local regulations regarding labeling.
All containers shall be clearly labeled with the Biohazard symbol and the word "BIOHAZARD" displayed on them.
C. All regulated medical waste requiring incineration, to include chemotherapy waste, shall be brought to a central staging area at both campuses. The contractor shall provide appropriate storage for regulated medical and chemotherapy waste. The Contractor shall arrange for pick-up by an Arkansas licensed and certified regulated medical waste disposal company on a set schedule determined during site survey. The Medical Center will be responsible for the segregation of waste in accordance with Federal, State, and Local requirements.
D. The Contractor shall ensure the handling, licensing, transporting and final disposal of regulated medical waste, to include sharps waste, follows Arkansas Department of Health (ADH), Department of Transportation (DOT), Arkansas Department of Environmental Quality (ADEQ), Food and Drug Administration (FDA), National Institute for Occupational Safety and Health (NIOSH) and applicable Federal, State and Municipal regulations and codes. All collected waste other than contents of Sharps containers must be incinerated.
E. Transportation vehicles shall be equipped with fully enclosed leak-resistant cargo body maintained in a sanitary condition and secured when left unattended. Tarped loads are not permitted. Vehicles shall bear the transporter's name, State permit, and the words "Medical Waste" or "Regulated Medical Waste" on the sides of the body. Waste shall not be subject to mechanical stress. Regulated medical waste shall not be combined with other waste. Vehicles shall be owned by the transporter or leased for a minimum of one year or more. Proof of ownership or lease must accompany this solicitation.
Vehicles shall be properly disinfected as a result of leaks or spills. Contractor shall immediately notify the ADH, and the generator, if a vehicle is involved in a spill or accident which renders the vehicle non-compliant with applicable rules and regulations.
F. The Contractor and/or Transporter shall provide labelling on all containers of regulated waste with the following information:
1) Name of Transporter or immediate handler.
2) State permit or identification number of transporters.
G. The Transporter shall sign, date, and furnish a copy of the manifest prior to RMW leaving the generator pickup sites. Transporter shall certify that the manifest data matches the load to be removed. Transporters shall deliver the waste to an authorized facility and sign the manifest to verify that the regulated medical waste has been delivered. Transporters shall maintain a copy of the manifest for their records.
Transporter shall return all remaining copies of the manifest to the generator, assuring final disposal.
H. The Contractor will provide an Exposure Control Plan, Spill Response Plan, Emergency Action Plan, and a Fire Evacuation Plan with solicitation documents.
The Contractor agrees to comply with all medical center policies and standards. The Contractor is solely responsible for any and all spills or leaks during the performance of the contract. The Contractor agrees to clean up such spills and/or leaks to the satisfaction of the Government in a manner which satisfies the applicable regulations, at no cost to the Government. The Contractor is responsible for reporting to the COTR all spills, regardless of quantity and all personnel exposures. Such reports shall first be reported by telephone immediately following the incident and shall have a follow up in writing no later than seven (7) days after the initial report. When reporting a spill, the following information shall be furnished (1) quantity spilled; (2) exact location of spill; (3) containment procedures initiated; (4) clean-up and disposal procedures; (5) personal injury involved; (6) assistance required, and (7) a narrative summarizing all on-scene visits made by local, state, and federal official.
I. The Contractor shall provide Worker's Compensation, Professional Liability insurance, Health Examinations, Income Tax Withholdings, and Social Security Payments for protecting the personnel furnishing services under this contract.
J. The Contractor shall report to the Chief, Environmental Management or designated personnel upon arrival and departure of each facility. The exchange of the reusable Sharps containers will require the collectors to check in, discreetly enter and move about the various locations, and exchange the reusable Sharps containers. The Contractor shall notify the COR of any problems or delays with supplying reusable Sharps containers, transportation, storage or other significant problems.
1) Removal will commence Monday through Friday, and official Federal Holidays. The following holidays are observed by the Federal Government:
New Year's Day January 1 Martin Luther King's Birthday Third Monday in January President's Birthday Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas December 25
2) In addition to the days designated as holidays, the Government observes the following days:
1. Any other day designated by Executive Order.
2. Any other day designated by the President’s Proclamation; and
3. Any other day designated by the Federal Statute.
3) All services will be performed during normal hours (7:00 AM – 4:00 PM)of coverage unless requested or approved by the COR or designee. Services and pickups that fall on holidays shall be scheduled for the following day, as requested by the VA.
K. The VA reserves the right to thoroughly inspect the Contractor's facility and treatment plant to assure acceptable standard of performance.
L. Contractor shall maintain a log of regulated medical waste and regulated "Sharps Waste" shipments which include quantity of waste shipped, sources, and delivery points.
(Note: This requirement shall not be confused with manifest requirement mentioned and referred to elsewhere). Records shall be kept on file for a minimum of three years.
4. Qualifications:
A. The Contractor shall have demonstrated at least three years’ experience servicing at least three similar size hospitals by submitting a list of references including telephone numbers, addresses, and contact names.
B. The Contractor shall provide a plan to demonstrate that they can provide ongoing requirements and services in the event of Sales and Service disruptions for any reason.
C. The Contractor shall provide information for primary and back-up sites for the following:
disposal services, regulated medical waste transportation, medical waste processing, medical waste for incineration, sharps container autoclave.
D. The Contractor shall provide a complete background of their company as well as any company utilized to sustain this contract. Information will include but is not limited to:
company’s full legal name, primary business address, all other office locations (city and state), and history, along with the number of years in business.
E. The Contractor shall demonstrate their ability to convert the VA locations to their services immediately after award of the contract.
F. The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract. The Contractor shall incur all cost associated with fulfilling this contingency plan at no additional expense to the Government. Contractor shall be liable for all expenses incurred by the Government due to the contractor's inability to perform in accordance with these requirements.
G. The Contractor is required to identify any subcontractors and suppliers. Contractor is responsible for supervision, contract compliance and obtaining any necessary documentation from their subcontractors or supplies performing under this contract. If the contractor intends to utilize subcontractors and suppliers other than those initially identified, operating licenses, permits, certificates and any other forms required by regulatory agencies for the new facility must be submitted to the Contracting Officer no later than thirty (30) days prior to change. Any and all cost increases to meet additional regulatory requirements caused by such change of disposal facilities or any other contractor action relative to transport, storage, and/or disposal of regulated medical waste shall be borne by the contractor.
5. Contractor Manager:
A. The contractor shall provide a contract manager who is responsible for the performance and coordination of work defined in this contract. The name and phone numbers (during and after hours) of this person and alternate(s), who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Officer (CO) and
Contracting Officer Representative (COR) no later than fifteen (15) days prior to the contract start date. The contract manager and alternate(s) shall be able to understand, read, fluently speak, and legibly write the English language. This person may perform services under this contract in addition to contract management duties. The contract manager or alternate shall have full authority to act for the contractor in all contractual matters relating to daily operation of this contract. All changes must be provided in writing to the Contracting Officer no later than forty-eight (48) hours prior to the implementation of such changes.
B. The contract manager or alternate shall be available during normal duty hours 7:30 AM - 4:00 PM or after normal hours, within four (4) hours of notification, to meet with government representatives to discuss problem areas should the Contracting Officer determine the problem has not been resolved by telephone.
6. Contractor Personnel:
A. The Contractor shall provide their employees with appropriate protective clothing, equipment, and apparel as prescribed by the Occupational Safety & Health Administration (OSHA). The technician shall always be dressed neatly in appropriate uniform and wear the VA’s identification badge when servicing at the VA facility.
B. The Contractor shall provide details of what training their employees undergo.
Contractor shall be available for consultation and education to Medical Center's staff on the proper use of reusable sharps containers. Contractor shall provide US Department of Transportation and Safe Handling of Regulated Medical Waste training to appropriate CAVHS staff.
C. The contractor shall provide all training necessary to perform the work as defined in this contract. Training shall not hamper the quantity, quality, or timeliness of work requirements of the contract.
D. The contractor shall ensure that all employees understand the risks involved with biomedical/regulated medical waste and are trained in specific procedures to handle spills on CAVHS premises, enroute to and at treatment and disposal facility.
E. Regulated medical waste/contractor employees who pick up regulated medical waste from CAVHS are identified as being susceptible and/or occupationally at risk to certain biological hazards. The contractor shall provide these employees with the required immunizations.
F. For injuries that occur on CAVHS property by contracted staff and/or subcontracted staff, emergency treatment to prevent loss of life, limb, or prevent undue suffering will be provided by CAVHS. The contractor shall be charged for medical services provided in accordance with current policies regarding civilian emergencies or government/contractor personnel. The contractor shall require that all employees who experience injuries on the job on CAVHS property report to the contractor's designated clinic for evaluation and treatment. The contractor shall report to the Contracting Officer within twenty-four (24) hours all injuries, including needle sticks or cuts that occur within CAVHS or attributed to work in the performance of this contract. The contractor shall be responsible for all costs of meeting healthcare requirements.
G. The contractor shall provide pickup, installation, placement, relocation and removal of sharps containers as needed in Little Rock, North Little Rock and all CBOCs. A minimum service requirement of five (5) days per week both in Little Rock and North Little Rock with multiple employees for coverage, 8 hours per day, and as needed for the CBOCs at a minimum of 2x/year, is required.
H. The contractor shall provide CAVHS with monthly totals of all items processed for each facility. (e.g. total volumes of medical waste, sharps disposal, plastic diversion).
7. Performance Evaluation Meeting:
A. The Contract Manager shall meet the COR at least twice during the first month of the contract. Meetings will be held as often as necessary thereafter, as determined by the COR or the Contractor.
8. Communication:
A. The contractor shall explain the communication plan for employees and subcontractors.
Highly functional and efficient data and voice communications are critical for successfully performing the contract requirements. The Contractor must be capable of sending and receiving e-mails and faxes, communicate with the Project Manager, communicate with service vehicles regularly to determine locations and relay service related messages, and send/receive electronic data files. Communication shall be critical in ensuring no interruption of services. Communication shall include how waste will be collected, manifested, and treated. It is important that the biomedical waste be collected every 28 days, and the “incinerate only” waste is properly handled. Communication shall be very important to ensure compliance.
9. Confidentiality:
A. The Contractor shall ensure that the waste is secured at all times to protect and maintain the confidentiality of information of patients, employees and the facility.
10. Contract Modification:
A. The Contractor can expect possible additions and subtractions to the contract in the event CAVHS additions, removals or relocations of patient care areas such as Community Based Outpatient Clinics, additional nursing unit and/or laboratory space, etc. The Contractor will describe plan and charges incurred to accommodate current renovations to nursing units at both facilities. Charges based on volumes preferred. The Contractor must be able to adjust locations and exchange schedule due to the utilization of swing wards. Contractor shall outline adjustment period after installation is complete to accommodate sharps container locations that might have been missed or inappropriately represented during site survey and/or pre-installation site walk.
B. Contractors are advised that VA reorganization may necessitate adding additional locations to this contract in the future. Any such additions will be completed by bilateral modification.
11. Invoice:
A. Payment will be made upon receipt of a properly prepared, itemized invoice, validated by the COR, and submitted through the Tungsten System.
1) A properly prepared invoice will contain:
- Invoice Number and Date
- Contractor’s Name and Address
- Accurate Purchase Order Number
- Itemization of pounds recycled and disposed
- Price per pound
- Dates service performed
- Location of service performed
- Total amount due
2) A separate invoice will be prepared for each facility.
End of Performance Work Statement
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 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 08/01/2026 through 07/31/2031.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the
Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $500,000.00;
(2) Any order for a combination of items in excess of $500,000.00; or
(3) A series of orders from the same ordering office within 180 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection
52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the
Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
C.3 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the
Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after
02/29/2032.
(End of Clause)
FAR
Number
Title Date
END OF ADDENDUM TO 52.212-4
C.4 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):
FAR
Number
Title Date
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT ALTERNATE I (NOV 2021)
JUN 2020
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE
(DEVIATION)
NOV 2025
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, PROPOSED FOR DEBARMENT, OR
VOLUNTARILY EXCLUDED
JAN 2025
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION
REGARDING RESPONSIBILITY MATTERS
OCT 2018
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS
NOV 2015
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
(DEVIATION)
NOV 2025
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
(DEVIATION)
NOV 2025
52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN
(DEVIATION)
NOV 2025
52.219-28 POSTAWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (DEVIATION)
NOV 2025
52.222-3 CONVICT LABOR (DEVIATION) NOV 2025
52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES
AND REMEDIES (DEVIATION)
NOV 2025
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES (DEVIATION)
NOV 2025
52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE
NATIONAL LABOR RELATIONS ACT (DEVIATION)
NOV 2025
52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE
CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT
(MULTIPLE YEAR AND OPTION CONTRACTS)
(DEVIATION)
NOV 2025
52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) NOV 2025
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS
UNDER EXECUTIVE ORDER 14026 (DEVIATION)
NOV 2025
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW
INFORMATION
MAY 2024
52.224-3 PRIVACY TRAINING JAN 2017
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT
MESSAGING WHILE DRIVING
MAY 2024
52.228-5 INSURANCE—WORK ON A GOVERNMENT
INSTALLATION
JAN 1997
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) SEP 2025
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
MAR 2023
52.233-3 PROTEST AFTER AWARD AUG 1996
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION
APR 1984
52.237-3 CONTINUITY OF SERVICES JAN 1991
52.244-
6DEV
SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
OCT 2025
852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022
852.203-70 COMMERCIAL ADVERTISING MAY 2018
852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL
MAY 2020
852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA
BREACH COSTS ALTERNATE I
FEB 2023
852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899
(DEVIATION) (APR 2025)
(End of Clause)
APR 2025
C.5 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)
(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.
(1) Additionally, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:
(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories. These regulations are available at https://www.osha.gov/.
(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy
Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) Copies are available from the U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:
(i) Biosafety in Microbiological and Biomedical Laboratories, Centers for Disease Control and Prevention (CDC), available at http://www.cdc.gov/biosafety/publications/index.htm.
https://www.osha.gov/ http://www.cdc.gov/biosafety/publications/index.htm
(ii) Prudent Practices in the Laboratory, National Research Council, National Academy
Press, Washington, DC 20001, available at http://www.nap.edu.
(b)(1) The Contractor shall maintain an accurate record of, and promptly report to the
Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited by any Federal, State or local regulatory/enforcement agency.
(2) The report shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.
(c) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency's directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer.
No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.
(d) The Contractor shall insert this clause in each subcontract involving toxic substances or hazardous materials. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.
(End of Clause)
FAR
Number
Title Date
852.237-75 KEY PERSONNEL OCT 2019
C.6 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.
http://www.nap.edu/
(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.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
(MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the
Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5
U.S.C.5341 or 5332.
This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
99730 – Refuse Collector $17.24
23470 - Laborer $14.69
(End of Clause)
C.8 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).
(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 https://veterans.certify.sba.gov/
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,…
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