16 Oct 2020 Contractor Questions and Government Responses Final.xlsx
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- Attached to
- REGULATED MEDICAL WASTE (RMW) - SOLICITATION
- Solicitation number
- W81K04-20-R-0020
- Issued by
-
Department of the Army Medical Command
About this file
This solicitation requests proposals for regulated medical waste collection and disposal services across Defense Health Agency facilities. The contractor will be required to collect, transport, store, treat, and dispose of regulated medical waste, including Category A infectious substances, from DHA medical treatment facilities, military entrance processing commands, Walter Reed Army Institute of Research sites, and the Armed Forces Medical Examiner System located throughout the 50 United States and U.S. territories of Guam and Puerto Rico. The contractor must furnish all necessary labor, equipment, materials, certifications and training to perform waste services except for any government-furnished items. Proposals are due by November 4th, 2020. The Health Readiness Contracting Office at Joint Base San Antonio Fort Sam Houston will evaluate proposals and make award determinations.
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Sheet1
| Question # | Document | Pg # | Para # | Question | Answers |
| 1 | Solicitation | Not Identified | Not Identified | In responding to this solicitation will the vendor need to service all locations? Or could we submit a response based on the just the locations we can service? (i.e. cherry picking) Or would it be best to team with a small business and work with them, allowing the small business to "manage" all the locations? | (Response updated on 10/2/20) Yes, the vendor will need to service all locations in regions they are proposing. The prime contractor has the option to provide a proposal for one, two or all three regions. The proposal for each region must include all locations within that region. Please see Exhibit B for the three Regions and their locations. |
| 2 | Performance Work Statement | 138 | 1.1 | Regarding: “……Category A infectious substances (i.e. Ebola virus, Hantaviruses causing hemorrhagic fever with renal syndrome, etc.), in accordance with all Federal, State, and local laws and regulations to include the processing of chemotherapy trace waste and pathological waste”. Will the agency consider this as an option given the very limited amount of contractors who are able to provide this service? | (Response updated on 10/2/20) No. This requirement is not optional because this requirement is part of the Government's minimum needs. |
| 3 | Attachments # 3, 4, and 5 | All | N/A | Please provide a breakdown of the waste streams at each location? RMW, RX, Trace, Path, HAZ | The solicitation does not include pharmaceutical waste and hazardous waste. The contractor will not be required to pick-up or process these wastes. Quantities of RMW, Trace, and Path will be picked-up and processed by the contractor. Quantities of these wastes cannot be individually predicted. The attachment contains the Government's best estimated monthly and annual total pounds of the combined RMW, Trace, and Path quantities for pick-up at each location based on the Government's historical data. Military healthcare is very fluid. Patients receiving treatment can vary significantly and the resulting quantities and types of waste (RMW, Trace, Path) generated will vary along with the patients treated. The final unit prices established in any contract resulting from this solicitation will be applicable to any delivery orders issued under the contract. The Government will only pay for actual quantities ordered and accepted, regardless of the quantities established on the contract and/or on any delivery order issued thereunder. Therefore, the offeror is hereby informed that the final unit prices are not subject to adjustment on the basis of a difference between estimated and actual quantities. |
| 4 | Solication Ref: Contract/Task Order Administration | 88-89 | 2, 2b | Where Task Order issuance and administration for U.S. Military Entrance Processing Command requirements will be performed by the HCRO (identified as being managed separately from MTFs); and sub-para. 2.b. where all administrative requirements for USMEPCOM task orders and administration should be addressed to the basic contract KO and KS; and Per the Regional Pricing bid sheets where USMEPCOM is included in each region as a separate CLIN – may CLIN 0111, USMEPCOM Eastern Region and CLIN 0063, USMEPCOM Central Region, and CLIN 0028, USMEPCOM Western Region be bid separately from the Eastern Region in total and the Central Region in total and the Western Region in total? | No, USMEPCOM cannot be bid separately. The proposal for each region must include all locations within that region as provided in the CLIN structure and Exhibit B. |
| 5 | Attachments # 3, 4, and 5 | All | N/A | On your site list it lists the desired day and times for the pickup. We assume these are your current schedules. Are these mandated days and times? These will be very difficult to adhere to at every location. - is there flexibility in this schedule? | These are the current dates/times determined by the Government for pick up at these locations. These dates and times can be changed on a case by case basis with the Task Order COR and KO once the contract is awarded and will be determined by the availability of the Government personnel at those locations. |
| 6 | Solicitation | Pg. 90 | N/A | The Solicitation incorporates by reference at page 90, FAR 52.237-3 Continuity of Services. The prescription clause for FAR 52.237-3(c) states: (c) The contracting officer may insert the clause at 52.237-3, Continuity of Services, in solicitations and contracts for services, when- (1) The services under the contract are considered vital to the Government and must be continued without interruption and when, upon contract expiration, a successor, either the Government or another contractor, may continue them; and (2) The Government anticipates difficulties during the transition from one contractor to another or to the Government. Examples of instances where use of the clause may be appropriate are services in remote locations or services requiring personnel with special security clearances. Given the commercial item nature of the services to be provided for the collection and disposal of Regulated Medical Waste, a follow-on responsible contractor would not reasonably anticipate difficulties in performing the work nor are special security clearances required. Given the extra costs associated with FAR 52.237-3, will the Government utilize its discretion and remove FAR 52.237-3 from the Solicitation? | Although this is a requirement for a commercial item, and contains neither a requirement for remote locations to be serviced or personnel with special security clearances, due the volume of locations to be serviced under this potential contract and the various credentials, regulations, etc. required, the Government has reason to anticipate potential difficulties may arise when the proposed contract ends and the services are possibly transitioned from one contractor to another or to the Government. Additionally, as this clause does not have to be implemented once the potential contract ends; any costs incurred as a result of this clause are contingent upon the existing needs at the time the clause is implemented; and this clause is, by nature, based on reimbursement of reasonable costs incurred within the agreed period after contract expiration. Due to the nature of these services, the Government cannot afford to have a gap in services if potential difficulties arise. It is the Contracting Officers decision that FAR 52.237-3, Continuity of Services, will remain in its entirety. Contractors are not to propose costs for this clause in their price proposals in response to this solicitation. If the Contracting Officer later decides to implement FAR 52.237-3, the Contracting Officer would negotiate the cost reimbursement pricing at that time. |
| 7 | W81K04-20-R-0020+SOLICITATION | Not Specified | Not Specified | Would the DHA consider an extension (4 weeks) for the submission of offers. There is a lot for all vendors to prepare and electronic submission is not acceptable. | Yes. Block 8 of the Solicitation/The Offer Due Date/Local Time is extended to 3:00 PM CST, 4 Nov 2020 . |
| 8 | W81K04-20-R-0020+SOLICITATION | Not Specified | Not Specified | We see that the "operations required" are marked with an asterisk (*). Is it mandatory for the operations that are not marked with the asterisk to participate in this contract at the end of their existing contract? | No, at this time, all Military Service and DHA activities are not required to participate in this contract. As activities transition to DHA in the next few years, DHA will require that this contract be used. Advance notice will be provided to the contractor as sites transition to this contract. |
| 9 | W81K04-20-R-0020+SOLICITATION | Not Specified | Not Specified | Sometimes the Q&A creates a need for further clarification. Can a period of two days be added to request further clarfication if needed? | Yes. The Q&A sumbission date has been extended to 3:00 PM CST, 7 October 2020. |
| 10 | W81K04-20-R-0020+SOLICITATION | 141 of 229 | 1.6 | Will the remaining facilities be required to participate in this contract or will this contract be optional? | No, at this time, all Military Service and DHA activities are not required to participate in this contract. As activities transition to DHA in the next few years, DHA will require that this contract be used. |
| 11 | W81K04-20-R-0020+SOLICITATION | 144 of 229 | 4.2.1 | The minimum container length, width and height are greater than some of the current containers the remaining sites require. Will the remaining sites be required to conform with the new SOW, or can the following be considered. Length & Width 12", Height 20", Volume 15 gallons? This would accommodate the sizes some of the remaining facilities currently require. | Yes, they will be required to conform with new PWS. Some of the current containers are proprietory to a vendor, and we cannot mandate these proprietory containers. |
| 12 | W81K04-20-R-0020+SOLICITATION | 144 of 229 | 4.2.1 | The minimum & maximum load rating exceeds what the fiberboard boxes are certified for and would be a US DOT shipping violation. The minimum is not as significant as the maximum. The maximum container rating should be 45 or 50 pounds for a standard regulated medical waste fiberboard container. | No, load rating for boxes are provided as a range not a mandatory weight. Contractor furnished boxes must comply with DOT and State regulation per PWS paragraph 1.1. Weight for each box may not exceed the load rating for that paricular box and overall US DOT and State laws and regulations must be complied with in all situations. |
| 13 | W81K04-20-R-0020+SOLICITATION | 144 of 229 | 4.2.2.1 | We see the maximum reusable container size is 437 gallons is there a minimum reusable container size? | No, only a maximum size as stated in the PWS. |
| 14 | W81K04-20-R-0020+SOLICITATION | 145 of 229 | 4.2.4 | We just want to confirm that pricing for Category A Infectious waste is not required. Just the capabilities to provide the services and the permit to transport since there is no CLIN. Just confirming since there is no CLIN, pricing is not due at this time. Priciing would be provided at the time of the need. | Yes, a CLIN for Category A will be added; pricing will not be required for the proposal. Pricing will be determined if needed. |
| 15 | W81K04-20-R-0020+SOLICITATION | 145 of 229 | 4.2.4 | The requirement to have the kits on-site within 8 hours is not reasonable in the remote locations, especially those utilizing the mailpack system. Is there a list of sites that would require the 8 hour turn around? | Yes, all sites listed in Exhibit B, as stated in the PWS. It is unlikely that Category A waste processing will be needed at any activity, but offerors need to plan to provide this service at all sites listed in Exhibit B. |
| 16 | W81K04-20-R-0020+SOLICITATION | 145 of 229 | 4.2.6 | Yellow liners are not utilized as inner packaging for shipping regulated medical waste. They can be provided, but would be an additioanl csot. Can a CLIN should be added. | No, Yellow liners are contractor furnished as stated in the PWS and not seperately priced. |
| 17 | W81K04-20-R-0020+SOLICITATION | 148 of 229 | 5.13 (note also in 4.2.5.4 pg 145) | US DOT has specific requirements (49 CFR § 173.197, (3)Bulk Outer Packaging) section for the packaging of regulated medical waste. Even in a bulk outer package, the liner can not exceed 46 gallons nor 22 pounds. The bulk items will need to be reduced in size to meet US DOT shipping requirements. | Yes, the contractor will have to provide the largest packaging permitted under US DOT regulations. |
| 18 | W81K04-20-R-0020+SOLICITATION | 193 of 229 | 4.d.ii | The minimum Total Small Business Participation goal is 40%. We are assuming this is over the entire term of the contract. Can the government please clarify how this will be evaluated since the locations without asterisks will start intermittently as the existing contracts expire. We are assuming there are some that will not participate or will be at the tail end since we have seen a few recently out to bid (IE : Little Rock AFB, Sol No.FA446020Q0229 ; Patrick AFB Sol No FA252120QB010). We can not see when these locations will start, so we can only look at it in it's entirety. Is that how it will be evaluated. | Please see attachment 6 to the solicitation and paragraph 2.c. of the FAR 52.212-2 Addendum. Although not all locations will receive service upon the date of award, the contractor is expected to propose a small business participation plan that covers the entirety of the solicitation and its locations. |
| 19 | W81K04-20-R-0020+SOLICITATION | Q&A | The DHA has specified in the Q&A that the prime contractor must perform 51% of the contracted service. Can you please provide the clause for this requirement. | This requirement has been removed as this not a small business set-aside. | |
| 20 | W81K04-20-R-0020+SOLICITATION | 131 of 229 | 1 | The government has asserted in the previous Q&A that the prime must perform 51% of the contracted service. Can you please clarify and provide the clause for this. We ahve reviewed the contract and we read it that if serving as the prime contractor, we can not sub-contract more that 50% to COMPANIES THAT ARE NOT SIMILLARY SITUATED. See clause from page 131 of 229. If a small business is the prime contractor can they sub-contract more than 50% of the contract as long as it 50% does not exceed simillary situated companies. (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for |
contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the
| contract and cannot be obtained from small business concerns; | The requirement that the prime must perform 51% of the contracted service has been removed from the solicitation as this is not a small business set-aside and, therefore, the 51% does not apply to this effort. | |||||
| 21 | W81K04-20-R-0020 Solicitation | 1 | Box 8 | May we extend the submission deadline of 10/12/2020 at least 2-4 weeks? We will need more time to review the full Q&A responses and determine a strategy that complies with all requirements. Mailing our response also costs us time. | Yes. Block 8 of the Solicitation/The Offer Due Date/Local Time is extended to 3:00 PM CST, 4 Nov 2020. Proposals are to be submitted as required within the solicitation. | |
| 22 | W81K04-20-R-0020 Solicitation | 138 | PWS 1.1.1 | Is it possible for more locations to be added to this contract either now or later? For example, we saw a Bid for a Medical Research facility at Fort Detrick (Sol W81XWH-20-R-0040) a couple months ago. This is a large volume of regulated medical waste, over 1,100,000 pounds annually. | Yes, per PWS paragraph 1.1.1, The Government, due to mission changes, may elect to add additional or potentially remove RMW pick-up sites. | |
| 23 | W81K04-20-R-0020 Solicitation | 141 | PWS 1.16 | What are the requirements of facilities when it comes to joining this contract? PWS 1.16 says “Remaining facilities that intend to utilize the new contract will transition as their current contracts expire.” This gives the impression that their joining is optional. For example, multiple facilities are bidding out new 5 year contracts for 10/1/2020. Will they be required to join, and if so, when? Is current contract expiration defined as the end of their Task Order (9/30/2021) or the full 5 year contract (9/30/2025)? | No, at this time, all Military Service and DHA activities are not required to participate in this contract. As activities transition to DHA in the next few years, DHA will require that this contract be used. Advance notice will be provided to the contractor as sites transition to this contract. | |
| 24 | W81K04-20-R-0020 Solicitation | 144 | PWS 4.2 | Does this include sharps containers? If so, can we add a pricing line for sharps container rates? | No | |
| 25 | W81K04-20-R-0020 Solicitation | 144 | PWS 4.2.1/4.2.2 | Dimensions are provided specifically for fiberboard boxes, however none are provided for reusable (plastic) containers. Are we to understand there are no dimensional requirements for these containers? | Yes, Volume limits are all that is specified in PWS. | |
| 26 | W81K04-20-R-0020 Solicitation | 144 | PWS 4.2.3 | Are we allowed to propose additional and/ or alternative sizes to a 3 gallon mail back? This requirement is rather narrow. | No, What is specified in the PWS meets the Government requirement. | |
| 27 | W81K04-20-R-0020 Solicitation | 144 | PWS 4.2.4 | These containers do not come from us, so we cannot promise a specific turnaround time. Location can also play a factor. | No, Contractor must meet the contract requirements regardless of source or site location as specified in PWS. | |
| 28 | W81K04-20-R-0020 Solicitation | 145 | PWS 4.2.5.4 | This directly conflicts with 4.2.5.2. Mattresses and other large items need to be broken down such that they fit into the standard supplied materials. | No, this does not conflict. Contractor may use multiple red bag liners. | |
| 29 | W81K04-20-R-0020 Solicitation | 157 | N/A | Is Des Moines MEPS (Iowa) categorized properly in the Western region? It seems other locations further West (ex. Colorado) are in the Central region. | No, will be corrected in the solicitation and PWS. | |
| 30 | W81K04-20-R-0020 Solicitation | 193 | ii. | What happens to the small business expectations if a large facility is either late to join, or does not at all? For example, CLIN 013 (San Diego) is almost 30% of the West, and they are not *’d as joining right away. Will the 40+% small biz participation be tracked throughout the contract? What if changes in site participation, volume, etc. change the numbers we calculate based on the full site listing? Will we be required to make up ground to get back to 40%, or will we just continue as planned? | Yes, the 40+% small business participation will be tracked throughout the contract. However, this percentage is a goal. Contractors are responsible for adhering to the committments identified within their proposed plan throughout the life of the contract. These committments must be identified as required by attachment 6 to the solicitation. | |
| 31 | Attachments 3, 4, and 5 | N/A | N/A | Can we modify the pricing document to allow for different rates for different waste types? Category A waste naturally brings a significantly different cost than Biohazard. We would intend for additional units of measure completely (shipping, man hours, flat stop charge, etc.). Alternatively, this pricing is highly case by case, so we could make a separate CLIN where the specific pricing is determined later if it became necessary. | Category A waste has been added as a separate CLIN. For proposal purposes, this CLIN will not be priced. All other proposed unit pricing must be in line with pricing spreadsheets attached to the solicitation. | |
| 32 | Attachment 1, Q&A | N/A | N/A | Will there be a period to seek clarification on Q&A responses? | Submissions to Q&A will be Extended to 3pm CST, 7 Oct 2020 | |
| 33 | General | N/A | N/A | Bearing in mind both the solicitation and Q/A (so far), it seems you have created a narrow window of vendors that can respond. With the prime needing to perform at least 51% of the contracted service within each region, you have most likely eliminated any small businesses from being prime. This means that a large company will be prime, who then must find a way to direct at least 40% of contract cost to small businesses. A more desirable route would be for a small business management company to be prime and coordinate vendors throughout the regions, which in turn creates a more seamless experience for you, the customer. This however would not satisfy the Prime performing 51% of the work. Are either of these requirements flexible? | This effort is Full and Open, not a small business set-aside, the 51% threshold does not apply to this requirement. The Government is basing the award of this potential contract on the requirements set forth in the solicitation, not on whether or not the prime contractor is a small or large business | |
| 34 | W81K0420R00200001+solicitation+PDF | Pricing Attachments | The government has provided pickups and containers for the MEPS, but is requesting pricing per pound. This pricing should be per container for these locations as opposed to per pound. Can this please be updated to per container, or can the government provide an accurate poundage for each location. | Yes, this should be a Per Box cost. The attachments will be changed to EST Box per pick up Yes, this should be a Per Box cost. The attachments will be changed to EST Box per pick up | ||
| 35 | W81K0420R00200001+solicitation+PDF | Pricing Attachments | Can the DHA consider adding a pick up fee for all locations or a minimum poundage per location. This will allow the most competitive and provide simplified pricing. The concern is two issues, 1) If the pounds per month provide are not accurate, the contractor would not be compensated properly for the services provided. 2) Some of the locations are generating such low pounds per month, (see sites generating under 10 pounds per pick up in email attachment) that we would have to charge a high per pound fee to cover the transportation. If the sites increase their volumes it would be very expensive, or if they do not generate the waste, we will not be compensated for a required service. An example is the Fort Sam Houston Budge Clinic, the average pounds per pick up is 1.25 or Scott Center Annex Pharmacy in Portsmouth VA generating an average of 2.0 pounds per pickup. The current per pound charge is a variable cost against primary fixed cost (transportation). | No, pricing will solely be based on poundage or box. We have found from past experience that pick-up fees complicate the pricing. The proposal needs to provide a price per pound with consideration to high and low generators and price to meet the volume of both types of sites. Pick-up schedules were generated based on state mandated holding times and the availability of compliant storage space at the site. |
Paschal, Marlin D CIV MEDCOM HQ: Paschal, Marlin D CIV MEDCOM HQ:
Re-read this sentenece to determine if it still makes sense.
| 35 | W81K0420R00200001+solicitation+PDF | 199++ | CLIN 0028 ++ | Several of the MEPS locations seem to have lower containers than pick ups in the solicitation document IE (Mountain View, CA) has 4 pick ups per month and only 2 containers per month. In the pricing pages it shows 4 containers per pick up. Can you please clarify which is correct. We are concerned if the pick ups exceed the number of containers. We have identified them in the attachment to the email to simplify which locations we are referring to. The concern with the boxes be less than then the pickups is we would have to send a truck to pick up and not be compensated since there is no waste generated/picked up, but the government is requiring the service. | Yes, the correct number is 2 boxes per pick-up and 4 pick-ups per month. The heading on Exhibit B, CLIN 28 regarding Estimated Boxes is incorrect. The heading should read, Estimated Boxes Per Pick-up, but was inadvertently titled Estimated Boxes Per Month. The CLIN title will be changed to reflect Estimated Boxes Per Pick-up. The other two MEPS CLINS are correctly labeled. Recommend you review your analysis of required pick-ups and estimated boxes. |
| 36 | W81K0420R00200001+solicitation+PDF | 190 | 5.8 | The industry is moving to electronic manifesting. Will electronic manifests be accepted provided the meet all US DOT requirements for the shipping of hazardous materials. | Yes as long they meet US DOT requirements |
| 37 | W81K0420R00200001+solicitation+PDF | 190 | 5.9.3 | We want to confirm the invoicing will be separated by task order per location(s) associated with the task order and not one invoice for all sites. | Yes, invoicing will be by task order. |
| 38 | W81K0420R00200001+solicitation+PDF | 73 | 1.a. | The solicitation requires a separate proposal for each region. Would the DHA consider a single proposal for the entire solicitation ensuring that all parameters are met and that the small business goals are achieved and that contractors still provide the separate proposals in conjunction. This should pose a benefit to all bidders as well as the government in ensuring more competition. Contractors can exceed the 40% in some regions and may be under 40% in some of the other regions. Reaching the goal is more achievable as a whole for most of the small businesses, since they are regionally based. This would also ensure consistency as it relates to the management and reporting of requirement of the DHA. We feel that contractors providing a single proposal can provide a cost savings on the project by providing one proposal. | Per the solicitation documents, the potential offerors shall submit a proposal for each region and each region will be evaluated separately. If a contractor is awarded one region, then a contract will be awarded for that region. If each region is awarded to different contractors, there will be three separate contracts. If a contractor is awarded two regions, but not all three, one contract will include two regions and the third region will be a separate contract. If a contractor is awarded all three regions, one contract will be awarded for all three regions. As stated in the solicitation, a contractor can be awarded, one, two or all three regions |
| 39 | W81K0420R00200001+solicitation+PDF | 188 | 4.2.4 | Would the DHA consider making the requirement to have packaging on-site within 12 hours for the Continental United States and to have a plan in place within 12 hours for the non-contiguous locations. | No, packaging for Category A infectious waste is unique to the waste type and storage containers will be needed quickly to ensure proper containment of the waste and protect patients and staff from exposure. We cannot extend past the 8 hour time in the PWS. |
| 40 | Attachments 3, 4, and 5 | MEPCom volumes are given in Boxes, and current rates are per Box. These attachments ask for a Per Pound cost. Should this be Per Box instead? Based on their low volume, a per pound rate is a high risk request. We would need further information, such as pounds/ stop, to calculate a sufficient per pound rate. | Yes, this should be a Per Box cost. The attachments will be changed to EST Box per pick up |
&"Times New Roman,Regular"W81K04-20-R-0020 Attachment 1
FOR OFFICIAL USE ONLY
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