S02 - SF1449 RFQ 36C24621Q1144.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 69

565-22-1-5033-0001

36C24621Q1144 08-09-2021

Daniel Spaulding 757-315-3964 08-20-2021

05:30PM EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

X 100

X

562112

$41.5 Million

N/A

Fayetteville VA Medical Center and affilitated medical facilities as listed in the Statement of Work.

Fayetteville NC 28144

Hampton VA 23667 http://www.fsc.va.gov/fsc/einvoice.asp

See CONTINUATION Page

Hazardous Waste Collection and Disposal for the Fayetteville VA Medical Center and affiliated medical facilities listed in the Statement of Work.

This is a combined synopsis/solicitation.

This is a 100% Service Disabled Small Business Set Aside.

The type of contract awarded from this solicitation will be a firm fixed price, requirements contract.

See CONTINUATION Page

Daniel Spaulding Contracting Officer

36C24621Q1144

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

?.## STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 27

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.12 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 INSTRUCTIONS TO OFFERORS AND EVALUATION CRITERIA

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

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

E.5 52.237-1 SITE VISIT (APR 1984)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 Daniel Spaulding

100 Emancipation Drive

Hampton VA 23667

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

http://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

?.## STATEMENT OF WORK

STATEMENT OF WORK

UNIVERSAL AND HAZARDOUS WASTE REMOVAL

FY 2017

Fayetteville NC VAMC

1. DESCRIPTION OF SERVICES.

Contractor shall provide all necessary labor, personnel, supplies, travel, supervision, equipment, tools, and materials to perform universal, pharmaceutical, hazardous, non-hazardous and mixed waste removal services which will include all services, materials, supplies, labor, analysis, and support to categorize, package, transport, document, and dispose of all these wastes, with the exception of radioactive waste. Universal and hazardous waste removal in accordance with the terms and conditions of the contract. The contractor shall perform to the standards in the contract as well as all local, state, and federal regulations. This service will be performed at the following addresses:

FHCC: 7300 South Raeford Rd, Fayetteville, NC 28304

WHCC: 1705 Gardner Rd, Wilmington, NC 28405

Brunswick CBOC: 18 Doctors Circle, Suite 2, Supply, NC 28462

Goldsboro CBOC: 2610 Hospital Rd, Goldsboro, NC 27534

Hamlet CBOC: 100 Jefferson St, Hamlet, NC 28345

Jacksonville CBOC Henderson: 4006 Henderson Drive, Jacksonville, NC 28546

Sanford CBOC (Lee County): 3112 Tramway Rd, Sanford, NC 27330

JIF (OT/PT clinic with Womack): 4101 Raeford Rd, Suite 100-B Fayetteville, NC 28304

Robeson CBOC: 139 Three Hunts Dr, Pembroke, NC 28372

Dialysis Clinic: 2301 Robeson St, Fayetteville, NC 28305

Main Campus: 2300 Ramsey Street, Fayetteville NC 28301, during the period October 1, 2021 through September 30, 2022 with 4 additional option years.

1.1. Collection Requirements.

The Contractor shall provide the Fayetteville NC VA Medical Center with universal, pharmaceutical, hazardous, non-hazardous and mixed waste removal services which will include all services, materials, supplies, labor, analysis, and support to categorize, package, transport, document, and dispose of all these wastes, with the exception of radioactive waste. The Contractor will have sufficient personnel, vehicles, equipment, expendable and durable goods to perform the duties required without additional support from the VA.

Due to constantly changing requirements, the VA cannot provide an accurate inventory of wastes which the contractor can expect to remove. Therefore, the Contractor shall invoice for each removal, and only for the materials removed. Such invoices shall not reflect any amount or material for payment, other than that established by the contract.

The Contractor shall invoice for each removal, and only for the materials removed.

Pricing will include waste stream analysis. Contractors will only be visiting hazardous waste storage areas and will be escorted by VA staff. The Contractor shall provide Waste Containers, Chemist, Packaging, Labeling, manifesting, Pick-up, Disposal, Recycling, Transportation, Destruction of Hazardous, Non- Hazardous, Pharmaceutical, Universal and Mixed Waste in accordance with Statement of Work.

Routes/Schedules Submittals. The contractor shall schedule collection within 3 weeks of request from Contracting Officers Representative (COR). The pickups will be scheduled of sufficient frequency to insure no universal and hazardous waste remains on VA property for more than 365 days and/or to maintain the on-site storage facility in an orderly condition.

Government-Approved Containers. Containers used for collection of universal and hazardous waste will be contractor-provided, government-approved containers. The contractor shall provide transportation containers for lab packs, over pack and compressed gas cylinders, in addition to all packing materials and labels.

1.2. Contractor’s Responsibilities.

While accomplishing any work under this contract the Contractor is totally responsible for his/her full compliance with any and all applicable, federal, state, and local government policies, regulations, procedures, specifications, etc., that apply to work of this nature. In addition, the Contractor must obtain and keep current all licenses, permits, etc., that may be required by local, state and federal agencies to accomplish the work.

Management of records. The contractor shall track and/or manage all manifests and/or bills of lading for all materials removed under this contract, regardless of the hazards associated with any individual material or manifest. The contractor shall track and/or manage all manifests and/or bills of lading generated by any and all subcontractors or third parties that the contractor chooses to retain, in conjunction with the handling, packaging, transport, storage, treatment, recycling and/or disposal of all materials removed under this contract.

The contractor shall ensure the accuracy of all universal and hazardous waste manifests generated as a result of work performed under this contract, from the time the manifest is generated to final disposition at a licensed TSDF or recycling facility. The contractor shall promptly notify the COR of any and all manifest discrepancies from generation to final disposition, and take whatever actions are necessary to correct them to the satisfaction of the COR.

The contractor shall insure that proof of receipt of hazardous materials is provided to the COR within 45 days of the date the manifest is generated. Acceptable forms of proof are limited to a) the original manifest, signed and dated by the receiving TSDF, or b) a certification of recycling/destruction. If proof of receipt cannot be obtained within 45 days, the contractor shall file an exception report with Federal EPA Region 4 on the VA’s behalf.

1.3. Contractor’s Work Hours.

Unless otherwise agreed upon, all work performed at the above listed addresses shall be between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding the Federal holidays listed below. Regardless of the work hours agreed on, all work will be performed under the cognizance of the COR or their representative, who will remain on station until all work for that day is finished.

Federal Holidays

New Year’s Day -1 January

Martin Luther King’s Birthday -Third Monday in January

President’s Day -Third Monday in February

Memorial Day -Last Monday in May

Independence Day -4th of July

Labor Day -First Monday in September

Columbus Day -Second Monday in October

Veterans Day -11th of November

Thanksgiving Day -Fourth Thursday in November

Christmas Day -25th of December

AND any other day specifically declared by the President of the United States to be a national holiday.

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by US Government agencies.

2. INVOICE AND CONTRACTOR PAYMENT INSTRUCTIONS.

The Contractor will be required to provide original invoices for all work completed under this contract. Invoices shall separately itemize a) labor, b) materials and c) services provided.

Total cost to the VA of invoiced work shall be the sum of itemized changes and fees. A complete invoice must provide bottom-line figures for every ounce of material received by the contractor: All material received under this contract must be accounted for.

Contractor shall submit completed invoices within 45 days of pickup of universal and hazardous waste from the Ramsey Street site.

3. DISPOSAL

3.1. Use of Ultimate Disposal Sites.

Box No. 8 on the hazardous waste shipping manifest shall bear the name and address of the ultimate TSDF. Wastes approved for transport to storage stations shall not be commingled in the same shipping container with wastes from any other generator.

Disposal of universal and hazardous wastes shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for any permit or fees associated with the use of disposal locations.

3.2. Equipment Maintenance.

Trucks and trailers used for hauling and collecting shall be equipped as required to ensure they are able to perform the services required. Each vehicle will have sufficient spill containment materials to respond to emergencies resulting from loss of containment, chemical reaction or other hazardous conditions.

4. PERSONNEL QUALIFICATIONS AND SAFETY.

4.1. On-Site Personnel Qualifications: The Contractor shall certify the Contractor’s supervisor(s) and all technicians that will categorize, package or handle hazardous materials at the Fayetteville NC VA Medical Center have received at least the minimum training required by law as specified in 29 CFR 1910.120.

4.2. Subcontractor Qualifications. The Contractor must identify any proposed subcontractors and identify services to be performed by the subcontractors. The Contractor must submit evidence that subcontractor is qualified and legally able to provide services. The Contractor shall certify the subcontractor’s supervisor(s) and all technicians that will categorize, package or handle hazardous materials at the Fayetteville NC VA Medical Center have received at least the minimum training required by law as specified on 29 CFR 1910.120. No subcontracting shall be permitted without prior approval of the Contracting Officer.

4.3. Identification. Contractor personnel working at the Ramsey Street address must possess identification badges or other documentation indicating that they work for the contractor. This identification must be kept in their possession at all times. Personnel may be required to show identification at time of pick-up or in response to an inquiry by VA Police.

4.4. Laws and Regulations. The Contractor will comply with all applicable OSHA, EPA, 49 CFR (DOT), and all other federal, state, and local laws and regulations.

4.5. Proof of EPA Identification. The Contractor shall provide proof of US EPA Identification number(s) for each business entity operated by the Contractor that will provide service regarding any aspect of hazardous waste disposal for the Fayetteville NC VA Medical Center.

4.6. Proof of Registration. The Contractor shall provide proof of all registrations required by Federal, State or local governments to transport, store and/or dispose of universal and hazardous wastes. The Contractor shall provide this information for each business entity operated by the Contractor that will provide universal and hazardous waste transportation services.

4.7. Proof of Business Licenses. The Contractor is responsible for acquisition of all applicable business licenses and permits required by law. The Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits.

4.8. Citations and Violations. The Contractor shall list, for the past three years, any violations and/or citations that the Contractor has received for non-compliance with any universal and hazardous waste laws and permit requirements, and/or OSHA or EPA regulations. The Contractor shall include information for all related business entities including associated firms that are owned by the Contractor or owned by a common parent company that will be involved in any portion of the processing of the wastes generated by the Fayetteville NC VAMC. If no discharge or violations have occurred, Contractor must provide a statement that certifies no discharges or violations have occurred.

4.9. Emergency Response Qualifications. The Contractor is responsible for performing emergency response (ER), to situations that may arise from the handling, packaging, transport, storage, treatment, recycling and/or disposal of VA waste while in the contractor’s possession.

4.10. Training Programs. The Contractor shall ensure training programs are used to protect the health and safety of employees and to develop the capabilities and expertise of employees to include initial and on-going training, trainer qualifications, and training program regulatory compliance.

4.11. Special Contract Requirements.

4.11.1. The contractor shall be able to take immediate action to mitigate, provide remediation or abate environmental hazards arising from the services provided, either by the parent company or subcontractors in their employ.

* The C&A requirements do not apply, and a Security Accreditation Package is not required.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Hazardous Waste Collection in accordance with the Statement of

Work. Services to be provided at the following locations of the Fayetteville VA Medical Center and its affiliated supporting facilities:

FHCC: 7300 South Raeford Rd, Fayetteville, NC 28304 WHCC: 1705 Gardner Rd, Wilmington, NC 28405 Brunswick CBOC: 18 Doctors Circle, Suite 2, Supply, NC 28462 Goldsboro CBOC: 2610 Hospital Rd, Goldsboro, NC 27534 Hamlet CBOC: 100 Jefferson St, Hamlet, NC 28345 Jacksonville CBOC Henderson: 4006 Henderson Drive, Jacksonville, NC 28546 Sanford CBOC (Lee County): 3112 Tramway Rd, Sanford, NC 27330 JIF (OT/PT clinic with Womack): 4101 Raeford Rd, Suite 100-B Fayetteville, NC 28304 Robeson CBOC: 139 Three Hunts Dr, Pembroke, NC 28372 Dialysis Clinic: 2301 Robeson St, Fayetteville, NC 28305 Main Campus: 2300 Ramsey Street, Fayetteville NC 28301

Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022

0001AA

13,750.00 LB __________________ __________________

Hazardous Waste

Contract Period: Base

0001AB

210.00 LB __________________ __________________

Non-Hazardous Waste

Contract Period: Base

0001AC

300.00 LB __________________ __________________

Pharmaceutical Waste Contract Period: Base

0001AD

12,500.00 LB __________________ __________________

Universal Waste

Contract Period: Base

0001AE

Mixed Hazardous Waste, Including Amalgam waste

Contract Period: Base

0001AF

10.00 LB __________________ __________________

Unidentified Waste

Contract Period: Base

Work. Services to be provided at the following locations of the Fayetteville VA Medical Center and its affiliated supporting facilities:

FHCC: 7300 South Raeford Rd, Fayetteville, NC 28304 WHCC: 1705 Gardner Rd, Wilmington, NC 28405 Brunswick CBOC: 18 Doctors Circle, Suite 2, Supply, NC 28462 Goldsboro CBOC: 2610 Hospital Rd, Goldsboro, NC 27534 Hamlet CBOC: 100 Jefferson St, Hamlet, NC 28345 Jacksonville CBOC Henderson: 4006 Henderson Drive, Jacksonville, NC 28546 Sanford CBOC (Lee County): 3112 Tramway Rd, Sanford, NC 27330 JIF (OT/PT clinic with Womack): 4101 Raeford Rd, Suite 100-B Fayetteville, NC 28304 Robeson CBOC: 139 Three Hunts Dr, Pembroke, NC 28372 Dialysis Clinic: 2301 Robeson St, Fayetteville, NC 28305 Main Campus: 2300 Ramsey Street, Fayetteville NC 28301

Contract Period: Option 1 POP Begin: 10-01-2022 POP End: 09-30-2023

1001AA

Contract Period: Option 1

1001AB

Contract Period: Option 1

1001AC

Pharmaceutical Waste

Contract Period: Option 1

1001AD

Contract Period: Option 1

1001AE

Contract Period: Option 1

1001AF

Contract Period: Option 1

Work. Services to be provided at the following locations of the Fayetteville VA Medical Center and its affiliated supporting facilities:

FHCC: 7300 South Raeford Rd, Fayetteville, NC 28304 WHCC: 1705 Gardner Rd, Wilmington, NC 28405 Brunswick CBOC: 18 Doctors Circle, Suite 2, Supply, NC 28462 Goldsboro CBOC: 2610 Hospital Rd, Goldsboro, NC 27534 Hamlet CBOC: 100 Jefferson St, Hamlet, NC 28345 Jacksonville CBOC Henderson: 4006 Henderson Drive, Jacksonville, NC 28546 Sanford CBOC (Lee County): 3112 Tramway Rd, Sanford, NC 27330 JIF (OT/PT clinic with Womack): 4101 Raeford Rd, Suite 100-B Fayetteville, NC 28304 Robeson CBOC: 139 Three Hunts Dr, Pembroke, NC 28372 Dialysis Clinic: 2301 Robeson St, Fayetteville, NC 28305 Main Campus: 2300 Ramsey Street, Fayetteville NC 28301

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024

2001AA

Contract Period: Option 2

2001AB

Contract Period: Option 2

2001AC

Contract Period: Option 2

2001AD

Contract Period: Option 2

2001AE

Contract Period: Option 2

2001AF

Contract Period: Option 2

Work. Services to be provided at the following locations of the Fayetteville VA Medical Center and its affiliated supporting facilities:

FHCC: 7300 South Raeford Rd, Fayetteville, NC 28304 WHCC: 1705 Gardner Rd, Wilmington, NC 28405 Brunswick CBOC: 18 Doctors Circle, Suite 2, Supply, NC 28462 Goldsboro CBOC: 2610 Hospital Rd, Goldsboro, NC 27534 Hamlet CBOC: 100 Jefferson St, Hamlet, NC 28345

Jacksonville CBOC Henderson: 4006 Henderson Drive, Jacksonville, NC 28546 Sanford CBOC (Lee County): 3112 Tramway Rd, Sanford, NC 27330 JIF (OT/PT clinic with Womack): 4101 Raeford Rd, Suite 100-B Fayetteville, NC 28304 Robeson CBOC: 139 Three Hunts Dr, Pembroke, NC 28372 Dialysis Clinic: 2301 Robeson St, Fayetteville, NC 28305 Main Campus: 2300 Ramsey Street, Fayetteville NC 28301

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025

3001AA

Contract Period: Option 3

3001AB

Contract Period: Option 3

3001AC

Contract Period: Option 3

3001AD

Contract Period: Option 3

3001AE

Contract Period: Option 3

3001AF

Contract Period: Option 3

Hazardous Waste Collection in accordance with the Statement of Work. Services to be provided at the following locations of the Fayetteville VA Medical Center and its affiliated supporting facilities:

FHCC: 7300 South Raeford Rd, Fayetteville, NC 28304 WHCC: 1705 Gardner Rd, Wilmington, NC 28405 Brunswick CBOC: 18 Doctors Circle, Suite 2, Supply, NC 28462 Goldsboro CBOC: 2610 Hospital Rd, Goldsboro, NC 27534 Hamlet CBOC: 100 Jefferson St, Hamlet, NC 28345 Jacksonville CBOC Henderson: 4006 Henderson Drive, Jacksonville, NC 28546 Sanford CBOC (Lee County): 3112 Tramway Rd, Sanford, NC 27330 JIF (OT/PT clinic with Womack): 4101 Raeford Rd, Suite 100-B Fayetteville, NC 28304 Robeson CBOC: 139 Three Hunts Dr, Pembroke, NC 28372 Dialysis Clinic: 2301 Robeson St, Fayetteville, NC 28305 Main Campus: 2300 Ramsey Street, Fayetteville NC 28301

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026

4001AA

Contract Period: Option 4

4001AB

Contract Period: Option 4

4001AC

Contract Period: Option 4

4001AD

Contract Period: Option 4

4001AE

Contract Period: Option 4

4001AF

Contract Period: Option 4

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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 to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

ITEMS

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.2 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 10/1/2021 through 9/30/2022 and as extended by exercised options.

(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.3 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 [not applicable for requirements contract], 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 [not applicable for requirements contract];

(2) Any order for a combination of items in excess of [not applicable for requirements contract]; or

(3) A series of orders from the same ordering office within n/a 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 n/a 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.4 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after March 30, 2027.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72,…