SOL -Bio-Hazard Waste Removal Services.rtf

SOLICIATION NO: 75H70721R00011 BIO-HAZARDOUS WASTER REMOVAL SERVICES

SECTION 1: GENERAL:

SERVICES: The Indian Health Service (IHS), Albuquerque Area Office (AAO), Santa Fe Service Unit has a need for Bio-Hazardous Waste Removal Services in Santa Fe, New Mexico.

PRICE OR COST: This solicitation will result in a Firm-Fixed-Priced (FFP) Contract. A Base year and four (4) one-year option periods. The quantities shown in the Schedule of Charges are "expected" quantities but are not representative of actual quantities and serve as a means of arriving at price reasonableness for award purposes. Utilization of the FFP-contract has been determined to be appropriate Bio-Hazardous Waste Removal Services Non- Personal Health Services as the government anticipates a recurring need. Pricing proposals should be determined based on the number of units/buildings for Bio-Hazardous Waste Removal Services.

GENERAL CONTRACT INFORMATION:

This is a non-personal service contract, as defined in Federal Acquisition Regulation (FAR) 37.101, a contract under which the personnel rendering the services are not subject, to either the contract’s terms or the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

"Prior to start of services specified by the contract scope of work, the Contractor must contact Warren Cheromiah, at telephone no. (505) 256-6749, Division of Contract and Grants, AAO, to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations."

CONTRACT PRICE

This solicitation will result in an FFP Contract. The price for the Base Period of this contract is

$ (TBD).

SCHEDULE OF CHARGES FOR THE BASE PERIOD:

Item # Contract Period Description of Service Total Amount

CLIN 1

BASE YEAR

TBD, 2021 to TBD, 2022 Santa Fe Service Unit - Three (3) Minimum 95 Gallon Capacity Containers

Cochiti Health Clinic - One (1) Minimum 95 Gallon Capacity Container

San Felipe Health Clinic - One (1) Minimum 95 Gallon Capacity Container

Santa Clara Health Center - One (1) Minimum 95 Gallon Capacity Container

Total for Base Year

Note: Unit price/rate shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated in Section 10.5.1. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section 10.5.5 of this contract.

OPTION PRICES

Unless the Government exercises its option, pursuant to the option clause referenced in the Contract Clauses section, this contract consists only of the Base Period specified in this contract.

Pursuant to FAR Clause 52.217-8, Option to Extend Services and FAR Clause 52.217-9, Option to Extend the Term of the Contract, set forth in Section 12, Contract Clauses of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) as defined in the performance work statement (PWS) of this contract. A notice given before the expiration of the option period, if the Government exercises any of the option period(s). Specific information regarding the timeframe for this notice is set forth in the OPTION PROVISION of this order. If exercised, the fixed price of this contract shall be set forth below in the following CLINs.

SCHEDULE OF OPTION PERIODS:

Item # Contract Period Description of Service Total Amount

CLIN 2

OPTION YEAR ONE TBD, 2022 to TBD, 2023

Total for Option Year 1

Note: Unit price/rate shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services

Item # Contract Period Description of Service Total Amount

CLIN 3

OPTION YEAR TWO TBD, 2023 to TBD, 2024

Total for Option Year 2

Note: Unit price/rate shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services

Item # Contract Period Description of Service Total Amount

CLIN 4

OPTION YEAR THREE TBD, 2024 to TBD, 2025

Total for Option Year 3

Note: Unit price/rate shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services

Item # Contract Period Description of Service Total Amount

CLIN 5

OPTION YEAR FOUR TBD, 2025 to TBD, 2026

Total for Option Year 4

Note: Unit price/rate shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services Note: Unit price shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services.

Cannot invoice travel times to/from the facility site as time worked.

SECTION 2: DEFINITIONS:

Acceptance: Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements, except as provided in FAR, subpart 46.5, and subject to other terms and conditions of the contract.

Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.

Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units.

Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer's Representative (COR): A federal employee who assists the ordering/issuing activity-contracting officer in the administration of task orders issued under this contract. The COR is primarily responsible for the technical assistance and day-to-day program management of the ordering activity's task orders. Ordering activities may have different designators for this employee.

Contractor: The individual awarded a legal binding contract to provide supplies and services.

Customer: Staff of the IHS service unit and health center.

Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor's performance.

Dependability: Qualities of being trusted and being able to repeat the same task to yield the same result.

Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.

Non-Personal Services Contract: Contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

Ordering Activity: An authorized user of IHS that may issue a task order to obtain required services under this contract.

Outcome: End result.

Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts.

Quality Assurance Surveillance Plan (QASP): A written document prepared and used by the government for Quality Assurance surveillance of the contractor's performance. Lists the services for monitoring and the standards.

Service Contract: A contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a non-personal or a personal contract. It can also cover services performed by either professional or non-professional personnel whether on an individual or organizational basis.

Technical Direction: A directive to the Contractor that approve approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section 5 of this contract.

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

3.1 Information: Government unique information related to this requirement, which is necessary for Contractor performance, made available to the Contractor.

SECTION 4 - CONTRACTOR-FURNISHED ITEMS:

The Contractor will provide all Bio-Hazardous Waste Removal Services equipment and supplies.

The Contract will provide the Safety Data Sheets (SDS) according to Global Harmonizing for the chemicals used for Bio-Hazardous Waste Removal Services (as needed).

SECTION 5 – REQUIREMENTS:

The contractor will provide Bio-Hazardous Waste Removal Services for the Santa Fe Indian Hospital and Clinic for the following:

LOCATION

DAILY

WEEKLY

MONTHLY

YEARLY (weight in pounds) Santa Fe Service Unit 3.28 23.07

San Felipe Health Center

0.47

3.3

14.5

Cochiti Health Center

0.16

1.15

5.0

Santa Clara Health Center

1.09

7.69

33.3

Work Schedule: Will be between the hours of:

5.2.5 As-Needed Pickup -Additional pickup (or call back) services may be required. (There will be no scheduled work on weekends or Federal holidays).

Performance Evaluation:

Evaluation of Contractor's performance in accordance with the standards set forth in the contract and Performance Work Statement Matrix (Section 6).

The Contractor will immediately report to the Contracting Officer’s Representative (COR) any information or circumstances that may violate any statute, policy, or procedure.

Contractor Qualification Requirements:

Certification.

Conditions of Contract Services:

Subpoenas/Testimonies:

Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony. As stated in Section 5-27.3(8)(9) of the Indian Health Manual.

5.6.2 COVID-19 Protocols/Requirements

If unvaccinated must provide documentation of contraindication to the Covid-19 vaccine *Note: unvaccinated contract staff with an approved medical or religious exemption must wear an IHS-provided surgical or similar mask when working in patient care areas or other areas frequented by patients in an IHS facility.

Challenges to Conflicts: For any inconsistency between COR and Contractor's employee, this PWS follows this order of precedence:

Any Contractor employee demonstrating impaired judgment must not be allowed to continue working immediately on the order. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.

BIO-HAZARDOUS WASTE REMOVAL SERVICES, INC.

SECTION 6 – QUALITY ASSURANCE SURVEILLANCE PLAN

Performance-Based Task Indicator Standard Quality Assurance Incentives for Processing Payments

1. Bio-medical waste removal and disposal services. Contractor shall supply a minimum of 95-gallon capacity of storage containers and be replaced with empty containers at time of pickup for all sites. Santa Fe Service Unit requires (3) 95-gallon containers and the satellite clinics require (1) 95-gallon container each. Containers must be approved for storage of medical waste, including OSHA, blood borne pathogen standards and clearly marked with “Biohazard” and the international biohazard symbol. Empty containers must be clean, disinfected and free of any residual debris and shall be kept at a designated location within close proximity of each facility.

Services will be rendered at following areas:

Santa Fe Service Unit 1700 Cerrillos Rd. Santa Fe, NM 87505 Outlying clinics:

Cochiti Clinic 270 windmill Rd Cochiti Pueblo, NM 87072

San Felipe Clinic 04 Cedar Street San Felipe Pueblo, NM 87001

Santa Clara Clinic 400 State Rd.

Espanola, NM 87532 Outstanding – 100% of areas have been thoroughly serviced

Acceptable – 80 to 99% of areas serviced.

Satisfactory – 65 to 80% of areas serviced.

Services monitored on a periodic basis (monthly) as they occur. When job is completed, final determination will happen.

Outstanding. Payments will happen in a timely manner, once all services are completed, invoices, and signed supporting documents are received and acceptable.

Acceptable. Payments could happen with some delay depending on when services provided.

Satisfactory –Payments will not happen until all areas have been serviced.

SOLICIATION NO: BIO-HAZARDOUS WASTE REMOVAL SERVICES

SECTION 7 - PACKAGING AND MARKING

PACKAGING: All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including what is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.

MARKING: Each package/container delivered to the address shown in Section 10 entitled "Contracting Officers' Representative Appointment and Authority" and shall be clearly marked as follows:

Description of Items Contained Therein Consignee's Name and Address DELIVERY: Deliver all deliverables to the following address:

Santa Fe Indian Hospital Attn: Geraldine Nieto 1700 Cerrillos Road Santa Fe, NM 87505

(505) 946-9341

Cochiti Health Clinic 270 Windmill Street Cochiti Pueblo, NM 87501

San Felipe Health Clinic 4 Cedar Street San Felipe, NM 87001

San Clara Health Center 400 State Rd., 30 Espanola, NM 87532

SECTION 8 - INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.

FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES

FAR Clause No.

Title Date 52.246-4 Inspection of Services – Fixed Priced (Aug 1996)

SECTION 9 - DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE: The period of performance is a Base Year and four (4) one-year option periods, unless an extension of the option period by modification has not occurred. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 - Option to Extend the Term of the Contract (Oct 2014); upon written notification by the Contracting Officer within 30 days of contract expiration.

When all clearances are completed, the services shall commence NLT 10 days after notification:

Base: TBD, 2021 through TBD, 2022 First Option Year: TBD, 2022 through TBD, 2023 Second Option Year: TBD, 2023 through TBD, 2024 Third Option Year: TBD, 2024 through TBD, 2025 Fourth Option Year: TBD, 2025 through TBD, 2026

PLACE OF PERFORMANCE: The contractor must provide Bio-Hazardous Waste Removal Services non-personal services to the following Albuquerque Area Indian Health Service Facilities:

Santa Fe Indian Hospital 1700 Cerrillos Road Santa Fe, NM 87505

Cochiti Health Clinic 270 Windmill Street Cochiti Pueblo, NM 87501

San Felipe Health Clinic 4 Cedar Street San Felipe, NM 87001

San Clara Health Center 400 State Rd., 30 Espanola, NM 87532

Travel to and from the facility/office site are not included in the tour of duty. The hours of business are Monday through Friday. The actual hours scheduled in advance through the designated COR.

GOVERNMENT HOLIDAYS: (https://www.federalpay.org/holidays)*

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

*Any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol).

SECTION 10 - CONTRACT ADMINISTRATION

AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract.

CONTRACTING OFFICER

The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

Patricia Trujillo, (CO) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6754 Email: patricia.trujillo@ihs.gov" patricia.trujillo@ihs.gov Send all communications pertaining to contractual and/or administrative matters under the contract to the address above.

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Geraldine Nieto, SFSU, 505-946-9341, is hereby designated as COR for this service. The CO Representative responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

TECHNICAL MONITORING

Performance of work under this contract must be subject to the technical direction of the COR identified above, or an Alternate COR designated in writing. The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the PWS accomplished satisfactorily.

Constitutes a change as defined in the clause entitled "Changes";

In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

Changes any of the terms, conditions, or specification(s)/work statement of the contract;

Interferes with the Contractor's right to perform under the terms and conditions of the contract; or Directs, supervises or otherwise controls the actions of the Contractor's employees.

INVOICE SUBMISSION

The Contractor shall submit invoices once per month. Advance payments will not be issued by Finance unless stated herein. Electronically sent via e-mail complete invoice with all required documentation to:*

* Please do not sent to the CS or Finance Office any other invoice related documents such as deliverables, reports or balance statements). Failure to submit required documents directly to the offices listed above will delay prompt payment of your invoice.

FAR 52.212-4(G) INVOICE.

Description, quantity, unit of measure, unit price and extended price of the items delivered;

prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMS Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

GOVERNMENT FURNISHED PROPERTY:

No issuance of Government Property.

SECTION 11 - SPECIAL CONTRACT REQUIREMENTS

CONTRACTOR PERFORMANCE EVALUATION REPORT

Evaluation of contractor’s performance during the life of this contract will occur on an interim and final basis pursuant to FAR Subpart 42.15. The evaluation will become part of the contract file. Past performance, information helps to evaluate the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts.

Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance.

SECTION 12 - FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

CLAUSES INCORPORATED BY REFERENCE - FAR 52.252-2 (FEB 1998)

This Contract incorporates FAR provisions/clauses referenced, 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 website address: https://www.acguisition.gov/far/index.html.

FAR Clause Title Date 52.203-3 Gratuities Apr 1984 52.203-5 Covenant against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government Sep 2006 52.203-7 Anti-Kickback Procedures May 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 52.204-9 Personal identity Verification of Contractor Personnel Jan 2011 52.212-1 Instruction to Offerors-Commercial Items Oct 2018 52.222-17 Non-displacement of Qualified Workers May 2014 52.223-6 Drug-Free Workplace May 2001 52.224-2 Privacy Act Apr 1984 52.229-3 Federal, State, and Local Taxes Feb 2013 52.232-11 Extras Apr 1984 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52 .233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.237-3 Continuity of Services Jan 1991 52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989 52.245-1 Government Property Jan 2017 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 52.253-1 Computer Generated Forms Jan 1991 Following Clauses in Full Text:

52.212-4 - CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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— Within a reasonable time after the defect was discovered or should have been discovered; and Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

Description, quantity, unit of measure, unit price and extended price of the items delivered;

the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

Addenda to this solicitation or contract, including any license agreements for computer software.

Solicitation provisions if this is a solicitation.

Other paragraphs of this clause.

The Standard Form 1449.

Other documents, exhibits, and attachments.

The specification.

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jul 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this…