Veterans Affairs



FedBizOppsCombined Synopsis/Solicitation Notice*******CLASSIFICATION CODESUBJECTCONTRACTING OFFICE'S ZIP-CODESOLICITATION NUMBERRESPONSE DATE (MM-DD-YYYY)ARCHIVE DAYS AFTER THE RESPONSE DATERECOVERY ACT FUNDSSET-ASIDENAICS CODECONTRACTING OFFICE ADDRESSPOINT OF CONTACT(POC Information Automatically Filled from User Profile Unless Entered)DESCRIPTION*See AttachmentAGENCY'S URLURL DESCRIPTIONAGENCY CONTACT'S EMAIL ADDRESSEMAIL DESCRIPTION ADDRESSPOSTAL CODECOUNTRYADDITIONAL INFORMATIONGENERAL INFORMATIONPLACE OF PERFORMANCE* = Required FieldFedBizOpps Combined Synopsis/Solicitation NoticeRev. March 2010SHAZARDOUS WASTE REMOVAL SERVICES29403-5799VA247-16-Q-003410-27-201599N2562112Contracting Officer (90C)Department of Veterans AffairsRalph H. Johnson VA Medical Center109 Bee StreetCharleston SC 29403-5799Janica Francis-HunterContracting OfficerRalph H Johnson VAMC109 Bee StreetCharleston, SC 29403-5799Ralph H Johnson VAMCDepartment of Veterans Affairs109 Bee StreetCharleston, SC 29403-579929403USAJanica.Francis@Contract OfficerSolicitation Number: VA247-16-Q-0034Notice Type: Combined Synopsis/Solicitation Synopsis: This is a COMBINED SYNOPSIS/SOLICITATION for commercial services prepared in accordance with the format in subpart 12.6, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed under FAR 13.1, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.(ii) The solicitation number is VA247-16-Q-0034 and is issued as a Request for Quotation (RFQ) (iii) The provisions and clauses incorporated into this solicitation document are those in effect through Federal Acquisition Circular 2005-52, November 2, 2011. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text. The full text of the Federal Acquisition Regulations (FAR) and Veterans Affairs Acquisition Regulations supplement (VAAR) can be accessed on the Internet at (FAR) and (VAAR) (iv) This solicitation is issued as a total Small Business set aside. The North American Industry Classification System (NAICS) code is 562910 and the size standard is 500 employees. (v) This requirement is for one base year and four option years. Vendors are therefore asked to completed price list for each year (30 day performance period) in their response, and to include a Grand Sum Total for Base year and 4 Option Years. BASE YEAR: 11/01/2015-10/31/2016ItemDescriptionQtyUnit of Unit Total Measures PricePrice001 Hazardous waste removal services which 12MO$______ $______will include all service, supplies, labor, analysis and support to categorize, package, transport, prepare documentation and dispose of hazardous wastes requested with the exception of biohazardous and/or radioactive wastes. MATERIALQUANITITYCONTAINER TYPECorrosive Lab packs3030 gal drumFlammable (Liquid)1855 gal drumFlammable Lab Packs (Liquid)655 gal drumOxidizer Lab Packs3.5 gal drumHazardous Waste Solid/Liquide N.O.S530 gal drumFlorescent Lamps (under 48” in length)1500.EachMercury up to 460 mg in container4lbPharmacy Waste: P & U listed Drugs75 gal packsPharmacy Waste: Non-credit worthy drugs455 gal drumsIdentification of Unknown Chemicals Testing & Profiling7Per TestNon- Hazardous Waste Solid/Liquid N.O.S1055 gal drumMotor Oil755 gal drumWater Based Latex Paint355 gal drumOil Based Paint320 gal drumLead Items (shielding, collars, vest and amalgam)255 gal drum BASE YEAR TOTAL $_________OPTION YEAR 1: 11/01/2016-10/31/2017ItemDescriptionQtyUnit of Unit Total Measures PricePrice001 Hazardous waste removal services which 12MO$______ $______will include all service, supplies, labor, analysis and support to categorize, package, transport, prepare documentation and dispose of hazardous wastes requested with the exception of biohazardous and/or radioactive wastes. MATERIALQUANITITYCONTAINER TYPECorrosive Lab packs3030 gal drumFlammable (Liquid)1855 gal drumFlammable Lab Packs (Liquid)655 gal drumOxidizer Lab Packs3.5 gal drumHazardous Waste Solid/Liquide N.O.S530 gal drumFlorescent Lamps (under 48” in length)1500.EachMercury up to 460 mg in container4lbPharmacy Waste: P & U listed Drugs75 gal packsPharmacy Waste: Non-credit worthy drugs455 gal drumsIdentification of Unknown Chemicals Testing & Profiling7Per TestNon- Hazardous Waste Solid/Liquid N.O.S1055 gal drumMotor Oil755 gal drumWater Based Latex Paint355 gal drumOil Based Paint320 gal drumLead Items (shielding, collars, vest and amalgam)255 gal drum OPTION YEAR 1 TOTAL $_________OPTION YEAR 2: 11/01/2017-10/31/2018ItemDescriptionQtyUnit of Unit Total Measures PricePrice001 Hazardous waste removal services which 12MO$______ $______will include all service, supplies, labor, analysis and support to categorize, package, transport, prepare documentation and dispose of hazardous wastes requested with the exception of biohazardous and/or radioactive wastes. MATERIALQUANITITYCONTAINER TYPECorrosive Lab packs3030 gal drumFlammable (Liquid)1855 gal drumFlammable Lab Packs (Liquid)655 gal drumOxidizer Lab Packs3.5 gal drumHazardous Waste Solid/Liquide N.O.S530 gal drumFlorescent Lamps (under 48” in length)1500.EachMercury up to 460 mg in container4lbPharmacy Waste: P & U listed Drugs75 gal packsPharmacy Waste: Non-credit worthy drugs455 gal drumsIdentification of Unknown Chemicals Testing & Profiling7Per TestNon- Hazardous Waste Solid/Liquid N.O.S1055 gal drumMotor Oil755 gal drumWater Based Latex Paint355 gal drumOil Based Paint320 gal drumLead Items (shielding, collars, vest and amalgam)255 gal drum OPTION YEAR 2 TOTAL $_________OPTION YEAR 3: 11/01/2018-10/31/2019ItemDescriptionQtyUnit of Unit Total Measures PricePrice001 Hazardous waste removal services which 12MO$______ $______will include all service, supplies, labor, analysis and support to categorize, package, transport, prepare documentation and dispose of hazardous wastes requested with the exception of biohazardous and/or radioactive wastes. MATERIALQUANITITYCONTAINER TYPECorrosive Lab packs3030 gal drumFlammable (Liquid)1855 gal drumFlammable Lab Packs (Liquid)655 gal drumOxidizer Lab Packs3.5 gal drumHazardous Waste Solid/Liquide N.O.S530 gal drumFlorescent Lamps (under 48” in length)1500.EachMercury up to 460 mg in container4lbPharmacy Waste: P & U listed Drugs75 gal packsPharmacy Waste: Non-credit worthy drugs455 gal drumsIdentification of Unknown Chemicals Testing & Profiling7Per TestNon- Hazardous Waste Solid/Liquid N.O.S1055 gal drumMotor Oil755 gal drumWater Based Latex Paint355 gal drumOil Based Paint320 gal drumLead Items (shielding, collars, vest and amalgam)255 gal drum OPTION YEAR 3 TOTAL $_________OPTION YEAR 4: 11/01/2019-10/31/2020ItemDescriptionQtyUnit of Unit Total Measures PricePrice001 Hazardous waste removal services which 12MO$______ $______will include all service, supplies, labor, analysis and support to categorize, package, transport, prepare documentation and dispose of hazardous wastes requested with the exception of biohazardous and/or radioactive wastes. MATERIALQUANITITYCONTAINER TYPECorrosive Lab packs3030 gal drumFlammable (Liquid)1855 gal drumFlammable Lab Packs (Liquid)655 gal drumOxidizer Lab Packs3.5 gal drumHazardous Waste Solid/Liquide N.O.S530 gal drumFlorescent Lamps (under 48” in length)1500.EachMercury up to 460 mg in container4lbPharmacy Waste: P & U listed Drugs75 gal packsPharmacy Waste: Non-credit worthy drugs455 gal drumsIdentification of Unknown Chemicals Testing & Profiling7Per TestNon- Hazardous Waste Solid/Liquid N.O.S1055 gal drumMotor Oil755 gal drumWater Based Latex Paint355 gal drumOil Based Paint320 gal drumLead Items (shielding, collars, vest and amalgam)255 gal drum OPTION YEAR 4 TOTAL $_________ GRAND SUM TOTAL FOR BASE YEAR AND 4 OPTION YEARS $___________(vi) The following is a detailed description of the requirements for this solicitation: Ralph H. Johnson VA Medical CenterScope of WorkHazardous Waste Removal Services1. REQIREMENTS: The Contractor shall provide Ralph H. Johnson Veterans Administration Medical Center (RHJVAMC), 109 Bee Street, Charleston, SC 29403 with hazardous waste removal services. These services shall include all services, materials, supplies, labor, analysis and support to categorize, package, transport, prepare documentation, and dispose of hazardous wastes requested with the exception of bio-hazardous and/or radioactive waste. The Contractor shall also provide quarterly and annual waste summary reports in accordance with federal, state and local laws and regulations. 2. CONTRACTORS’ RESPONSIBILITIES: In accomplishing any work required under this contract, the Contractor is totally responsible for its full compliance with any and all applicable federal, state, and local government policies, regulation, procedures, specifications, etc. that apply to work of this nature. Additionally, the Contractor must obtain and keep current all licenses, permits, etc. that may be required by the Agency to accomplish the work. 3. CONTRACTORS’ WORK HOURS: All work performed at RHJVAMC shall occur between the hours of 0730 and 1630, Monday through Friday. Contractor and Contracting Officer’s Representative (COR) shall schedule work on mutually agreed upon dates to occur no more than three (3 business days from initial request. Failure to remove the waste within five (5) business days from initial request will be considered a failure by the Contractor to perform the contractual obligations. Contractor shall provide the COR with work schedule(s) at least 24 hours before arriving on RHJ VA MC premises. 4. PERFERRED DISPOSAL METHOD: Contractor shall refer to RHJVAMC’s preferred hierarchy when determining disposition of waste. RHJVAMC’s preferred disposal hierarchy is: (1) recycling, (2) incineration (Part B permitted incinerations), (3) Treatment (neutralization, etc., and (4) Landfill. 5. USE OF ULTIMATE DISPOSAL SITES: Box Number 8 of the shipping manifest (EPA Form 8700-22) shall bear the name and address of the ultimate permitted incineration, treatment, or disposal site. RHJVAMC wastes shall not be manifested to storage stations and subsequently re-manifested unless specific case-by-case authorization is obtained by the COR. Wastes approved for transport to storage stations shall not be comingled in the same shipping container with wastes from any other generator. Land Disposal Restriction (LDR) forms shall be proved, as required by law. 6. PICK-UP SCHEDULE: Pick-ups are to be arranged by COR and will occur on a periodic basis and/or at the very least, monthly. 7. ON-SITE PERSONNEL QUALIFICATIONS AND SAFETY: Contractor shall certify that the contractor’s supervisor(s) and all technicians who will work on RHJVAMC premises have received at least the minimum training required by law as specified on 29 CFR 1910.120 8. INVOICE AND CONTRACTOR PAYMENT INSTRUCTION: The Contractor shall provide invoices for work completed. a. Invoices shall separately itemize the following categories of charges: i. LABOR 1. Travel Hours 2. On-Site Work Hours ii. MATERIALS: 1. DOT Containers (number and sizes) 2. Absorbent 3. Labels and Markings 4. Personal Protective Equipment iii. VEHICLE/EQUIPMENT RATES iv. PROFILING/ANALYSIS FEES v. TRANSPORTATION FEES vi. DISPOSAL FEES: 1. Per Manifest 2. Per Line Entry on Each Manifest b. Contractor shall provide a copy of “Request for Certification of Destruction/Recycling” to the COR prior to final invoice. c. Contractor shall provide the COR a copy of the signed manifest from TSDF/ultimate disposal site within 45 days of pickup 9. LAWS AND REGULATIONS: The contractor shall comply with all applicable OSHA, EPA, 49 CFR (DOT) requirements, including but not limited to HM-18 and all other federal, state, and local laws and regulations 10. PROOF OF EPA INDENTIFICATION: Contractor shall provide proof (copy of certificate) of US EPA identification numbers(s) for each business entity operated by the Contractor that will provide services regarding any aspect of RHJVAMC’s waste disposal. 11. PROOF OF EPA WASTE HAULER REGISTRATION: Contractor shall provide proof (copy of certificate) of registration with the State EPA as a hazardous waste hauler for each business entity operated by the Contractor that will provide hazardous waste transportation services to RHJVAMC. 12. PROOF OF "REQUEST FOR CERTIFICATION OF DESTRUCTION: Contractor shall provide proof requesting "Certification of Destruction/Recycling" from Ultimate TSDF Disposal Site.PROOF OF BUSINESS LICENSES: Contractor is responsible for acquisition of all applicable business licenses and permits required by law. Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits. 14. CITATIONS AND VIOLATIONS: Contractor shall list any violations and/or citations that the Contractor has received in the last three years for non-compliance with any hazardous waste laws, permit requirements, and/or OSHA requirements. 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 RHJVAMC's waste. If no discharge or violations have occurred, Contractor shall provide a statement which certifies that no discharges or violations have occurred. 15. REFERENCES: Contractor shall furnish at least five references from current customers of similar or larger size and complexity to that of RHJVAMO. The references must be located in the State of South Carolina. 16. HAZARDOUS WASTE MANAGEMENT QUALIFICATIONS: The Contractor shall describe standard operating procedures that will be followed while conducting normal hazardous waste management activities. The contractor shall describe: a. Site safety and contingency procedures; b. Operational procedures and site management structure; c. Supplies and equipment practices; d. Material sampling procedures; e. Hazard assessment and categorization procedures; f. Packing procedures; g. Quality assurance and quality control procedures to ensure materials are properly identified, categorized, and packaged, and that paperwork is properly completed; h. Procedures for gaining waste acceptance into a facility; and i. Contractor and project management procedures. 17. TRANSPORTATI ON QUALIFICATIONS: Contractor shall submit the following information regarding the hazardous waste fleet owned and operate by the Contractor: a. Basic description of transportation services offered and capabilities; b. Fleet description of number, types, and ages of vehicles; c. Description of service and maintenance programs; d. Types of materials licensed to hail; e. Latest DOT or MCS rating (including a copy of the latest inspection); f. The DOT/CHP compliance record; and g. Description of driver qualifications including training programs and experience 18. EMERGENCY RESPONSE QUALIFICATIONS: The Contractor shall provide its emergency response (ER) capabilities to include: a. Contractor's ER policies; b. ER capabilities, experience, and limitations; c. Type of ER equipment maintained (specify if owned or subcontracted and from whom);d. Personnel availability, training, and experience; e. Contractor's emergency response procedure, including: i. How to request an emergency response; ii. How the Contractor notifies personnel and initiates the response action; iii. Incident command procedures followed by the Contractor; iv. ER work practices; v. ER protection of health and safety practices; and vi. ER invoicing policy. 19. SITE SAFETY PLAN: The Contactor shall submit a detailed site safety plan which will be used to ensure that the workers and nearby population will be adequately protected during packaging and removal operations. 20. TRAINING PROGRAMS: Contactor shall describe the training programs used to protect the health and safety of employees and to develop the capabilities and expertise of employees. The Contractor shall address the types and content of initial and on-going training, frequency of training, trainer qualifications, and training program regulatory compliance. 21. ON-SITE PERSONNEL QUALIFICATIONS: Contractor shall supply resumes of work crew supervisors who are likely to direct work performed under t is solicitation. Work and training history should be included in such detail as to enable RHJVAMC to evaluate technical and professional capabilities. Contractor shall supply a minimum of three different companies, with job scopes similar to that described in this Request for Proposal that the designated supervisor(s) currently manages. Contractor shall certify that the Contractor's supervisor(s) and all technicians that will work on RHJVAMC's premises have received at least the minimum training required by law as specified on 29 CFR 1910-120. 22. Contractor must identify and proposed subcontractors and identify services to be performed by the subcontractors. Contractor must submit evidence that subcontractor is qualified and legally able to provide services. 23. Contractor shall provide a Published Price List, plus pricing of other hazard classes not part of the Inventory List. 24. Personnel may be required to show certifications at time of pick up. 25. Period of Performance: Base Year and 4 one-year Options26. Mandatory Electronic Invoicing: Vendors can comply with the VA mandatory electronic invoicing rule by using either of the two methods below: a. The Financial Service Center uses a third-party contractor, OB10, to transition vendors from paper to electronic invoice submission. For information on OB10 electronic invoicing set-up, vendors should call 877-752-0900, or email USClientServices@ b. A system that conforms to the X12 electronic data interchange (EDI) format established by the Accredited Standards Center. For FSC e-invoicing information, please call 877-353-9791 or email vafsccshd@. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Technical Representative (COTR), and submitted to VA FSC, P. O. BOX 149971, AUSTIN, TX 78714. A properly prepared invoice will contain: o Invoice Number and Date o Contractor’s Name and Address o Accurate Purchase Order Number o Supply or Service provided o Total amount due 27. The Inventory List provided below is representative of a typical disposal; however, the amounts and/or hazard classes may vary.MATERIALQUANITITYCONTAINER TYPECorrosive Lab packs3030 gal drumFlammable (Liquid)1855 gal drumFlammable Lab Packs (Liquid)655 gal drumOxidizer Lab Packs3.5 gal drumHazardous Waste Solid/Liquide N.O.S530 gal drumFlorescent Lamps (under 48” in length)1500.EachMercury up to 460 mg in container4lbPharmacy Waste: P & U listed Drugs75 gal packsPharmacy Waste: Non-credit worthy drugs455 gal drumsIdentification of Unknown Chemicals Testing & Profiling7Per TestNon- Hazardous Waste Solid/Liquid1055 gal drum27. Mandatory Electronic Invoicing: Vendors can comply with the VA mandatory electronic invoicing rule by using either of the two methods below: a. The Financial Service Center uses a third-party contractor, OB10, to transition vendors from paper to electronic invoice submission. For information on OB10 electronic invoicing set-up, vendors should call 877-752-0900, or email USClientServices@. b. A system that conforms to the X12 electronic data interchange (EDI) format established by the Accredited Standards Center. For FSC e-invoicing information, please call 877-353-9791 or email vafsccshd@. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Technical Representative (COTR), and submitted to VA FSC, P. O. BOX 149971, AUSTIN, TX 78714. A properly prepared invoice will contain: o Invoice Number and Date o Contractor’s Name and Address o Accurate Purchase Order Number o Supply or Service provided o Total amount due -----END OF SOW-----(vii) The estimated Performance Period is as follows: Base Year: 11-01-2015 through 10-31-2016 Option Year One: 11-01-2016 through 10-31-2017Option Year Two: 11-01-2017 through 10-31-2018Option Year Three: 11-01-2018 through 10-31-2019Option Year Four: 11-01-2019 through 10-31-2020Delivery FOB Destination to Ralph H Johnson, VA Medical Center, 109 Bee Street, Charleston, SC 29403 (viii) 52.212-1 Instructions to Offerors - commercial Items, apply to this solicitation with the following addendum, FAR 52.216-18 Ordering; VAAR 852.236-76 Correspondence; VAAR 852.237-70 Contractor Responsibilities; VAAR 852.270-1 Representatives of Contracting Officers; VAAR 852.273-7; VAAR 852.273-70 Late offers. (ix) 52.212-2, Evaluation - Commercial Items: FAR provision 52.212-2 applies to this solicitation. The Government anticipates awarding a single contract resulting from this solicitation to the lowest priced technically acceptable offer that conforms to all solicitation requirements. Award without discussions is contemplated and all offerors are encouraged to submit their best offer with their initial submission. Submitted offers shall not exceed 25 single-sided pages and any pages beyond this amount will be removed and not evaluated. To be considered technically acceptable for award each offeror must provide with their submitted quote/offer: 1. Documentation of certification of US EPA identification numbers(s) for each business entity operated by the Contractor that will provide services regarding any aspect of RHJVAMCs waste disposal. 2. Documentation of certification of registration with the State EPA as a hazardous waste hauler for each business entity operated by the Contractor that will provide hazardous waste transportation services to RHJVAMC. 3. Documentation of any violations and/or citations that the Contractor has received in the last three years for non-compliance with any hazardous waste laws, permit requirements, and/or OSHA requirements. 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 RHJVAMC's waste. If no discharge or violations have occurred, Contractor shall provide a statement which certifies that no discharges or violations have occurred. 4. Documentation of all applicable business licenses and permits required by law. Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits. 5. Documentation of five references from current customers of similar or larger size and complexity to that of RHJVAMO. The references must be located in the State of South Carolina. 6. Documentation of contractor’s standard operating procedures that will be followed while conducting normal hazardous waste management activities. Detailing the contractors site safety and contingency procedures; operational procedures and site management structure; supplies and equipment practices; material sampling procedures; hazard assessment and categorization procedures; packing procedures; quality assurance and quality control procedures to ensure materials are properly identified, categorized, and packaged, and that paperwork is properly completed; procedures for gaining waste acceptance into a facility; and contractors and project management procedures. 7. Documentation of the following information regarding the hazardous waste fleet owned and operates by the Contractor including but not limited to basic description of transportation services offered and capabilities; fleet description of number, types, and ages of vehicles; description of service and maintenance programs; types of materials licensed to hail; latest DOT or MCS rating (including a copy of the latest inspection); the DOT/CHP compliance record; and description of driver qualifications including training programs and experience 8. Documentation of contractors emergency response (ER) capabilities to include contractor's ER policies; ER capabilities, experience, and limitations; the type of ER equipment maintained (specify if owned or subcontracted and from whom); personnel availability, training, and experience; contractor's emergency response procedure, including how to request an emergency response; how the Contractor notifies personnel and initiates the response action; incident command procedures followed by the Contractor; ER work practices; ER protection of health and safety practices; and vi. ER invoicing policy. 9. Documentation of contactors detailed site safety plan which will be used to ensure that the workers and nearby population will be adequately protected during packaging and removal operations. 10. Documentation of contactors training programs used to protect the health and safety of employees and to develop the capabilities and expertise of employees. The Contractor shall address the types and content of initial and on-going training, frequency of training, trainer qualifications, and training program regulatory compliance. 11. Resumes of work crew supervisors who are likely to direct work performed under t is solicitation. Work and training history should be included in such detail as to enable RHJVAMC to evaluate technical and professional capabilities. Contractor shall supply a minimum of three different companies, with job scopes similar to that described in this Request for Proposal that the designated supervisor(s) currently manages. Contractor shall certify that the Contractor's supervisor(s) and all technicians that will work on RHJVAMC's premises have received at least the minimum training required by law as specified on 29 CFR 1910-120. 12. Documentation that identifies proposed subcontractors and identify services to be performed by the subcontractors. Contractor must submit evidence that subcontractor is qualified and legally able to provide services. 13. Documentation of contractors Published Price List, plus pricing of other hazard classes not part of the Inventory List. 14. All offerors must be registered in the System for Award Management (SAM); 15. All questions regarding this solicitation should be sent to janica.francis@.(End of Evaluation Criteria)(x) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS- Offeror's are to include a COMPLETED COPY OF PROVISION 52.212-3 WITH THE FAXED AND WRITTEN QUOTE, a copy of the provision may be attained from ; if not provided, the offer may not be considered for award. These pages will not be counted against the 25 page limitation of the submitted offer. Alternately, the offeror may submit a statement that their Reps and Certs are visible at .(xi) 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS--apply to this solicitation with the following addendum; VAAR 852.203-70 Commercial Advertising, VAAR 852.232-72 Electronic Invoice Submission of Payment Requests. (xii) 52.212-5 CONTRACTS TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS--the following FAR clauses identified at paragraph b of FAR 52.212.5 are considered checked and are applicable to this acquisition: 52.204-10, 52.209-6, 52.219-8, 52.219-27, 52.219-28, 52.222-3, 52.222-17, 52.222-19, 52.222.21, 52.222-26, 52.222-36, 52.222-39, 52.222-41, 52.222-42, 52.222-43, 52.222-44, 52.222-50, 52.222.55, 52.223-18, 52.225-1, 52.225-13, 52.232-33, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at . Additional Clauses and/or Provisions:52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (FEB 2015) --(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) --(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.52.209-5-- REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) -- (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.52.216-1-- TYPE OF CONTRACT (APR 1984) -- The Government contemplates award of a Firm-Fixed-Price, Requirements contract resulting from this solicitation.52.217-5 --EVALUATION OF OPTIONS --Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).52.217-8 -- OPTION TO EXTEND SERVICES--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.52.217-9 -- OPTION TO EXTEND THE TERM OF THE CONTRACT-- (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 66 months.52.219-6 -- NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)--(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (b) Applicability. This clause applies only to--(1) Contracts that have been totally set aside or reserved for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).*(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.52.222-52-- EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES—CERTIFICATION (MAY 2014) -- (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that— (1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; (3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Labor Standards statute— (1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision— (1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements, will not be included in any resultant contract to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. 52.237-3--CONTINUITY OF SERVICES (JAN 1991)--(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.52.252-2--CLAUSES INCORPORATED BY REFERENCE (FEB 1998)--This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): or, . These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at to see the links to the FAR. You may also use an Internet “search engine” (e.g., Yahoo, Google, Bing, etc.) to obtain the latest location of the most current FAR. FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)-Clause Title and Date: 52.204-9 PERSONAL IDENTIFICATION VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011); 52.222-1 Notice to the Government of Labor Disputes (FEB 1997); 52.228-5 Insurance - Work on a Government Installation (JAN 1997); 52.233-1 Disputes (JUL 2002) Alternate I (DEC 1991); 52.243-1 Changes -- Fixed-Price (AUG 1987); 52.244-6 Subcontracts for Commercial Items (DEC 2010); 52.246-4 INSPECTION OF SERVICES - FIXED PRICE AUG 1996; 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) Alternate I (APR 1984). The Department of Labor Wage Determination applicable to this requirement is: WD 05-2473 (Rev 18) dated 07/14/2015. Descriptions for the occupations for this requirement and determining the appropriate wage determinations are the responsibility of the contractor, and the offeror is encouraged to coordinate with the Department of Labor in order to determine the appropriate job classifications for this requirement. The Agency assumes no responsibility or liability for a contractor’s determination of the appropriate classification.(xiii) n/a (xiv) The Defense Priorities and Allocations System (DPAS) is not Applicable to this acquisition (xv) n/a (xvi) QUESTIONS: All questions regarding this solicitation need to be electronically submitted (email) no later than October 22nd, 2015 at 1:00 pm EST to Janica Francis-Hunter, NCO 7 Contract Specialist e-mail Janica.Francis@. The solicitation number must be identified on all submitted questions. No questions received after this date will be answered.(xvii) Site Visit: A site visit is not contemplated at this time. (xviii) QUOTES/OFFERS ARE DUE October 27th, 2015 at 1:00 pm eastern standard time (EST). Only electronic offers (email) will be accepted. Submit quotes to Janica Francis-Hunter, NCO 7 Contract Specialist e-mail Janica.Francis@. All offers must include the solicitation number. Quotes/offers received after this date may not be considered for award. Please include the following information in your email subject line: “HAZARDOUS WASTE REMOVAL”. (xvii) Contact informationContracting Office Address: Network Contracting Office 7-SAO EASTDepartment of Veterans Affairs (90C) 109 Bee Street Charleston, SC 29401Place of Performance: Ralph H Johnson VA Medical Center Department of Veterans Affairs 109 Bee Street Charleston, SC 29401Primary Point of Contact: Janica Francis-Hunter, Contracting Officer Janica.Francis@Phone: 843-789-6448Fax: 843-789-6406 ................
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