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FBO DAILY - FEDBIZOPPS ISSUE OF JANUARY 01, 2015 FBO #4786
DOCUMENT

S -- NON-REGULATED WASTE REMOVAL AND DISPOSAL - Attachment

Notice Date: 12/30/2014
Notice Type: Attachment
NAICS: 562111 — Solid Waste Collection
Contracting Office: Department of Veterans Affairs;Chief, NCO 16 (90C/NLR);Central Arkansas Veterans HCS;2200 Fort Roots Drive, Bldg 41, Room 200;North Little Rock AR 72114 1706
Solicitation Number: VA25615R0210
Response Due: 1/14/2015
Archive Date: 3/15/2015
Point of Contact: Timothy A Pighee
E-Mail Address: 7-1028<br
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The commercial items procedures of FAR Part 12 will be used. Solicitation# RFP VA256-15-R-0210. This solicitation is issued as request for proposal (RFP). Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-77, effective November 13, 2014. This is a total set-aside for Service-Disabled Veteran-Owned Small Businesses only. NAICS code is 562111, size standard is $12.5 MILLION. All questions pertaining to this solicitation must be submitted by 12:00pm EST January 7, 2014. Send all questions electronically to Timothy.Pighee@va.gov. Only electronic offers will be accepted. Offers must be submitted to Timothy.Pighee@va.gov NO LATER THAN January 14, 2015 by 1:00 PM EST. POC: Timothy Pighee, Contract Specialist Phone: 501-257-1028Email: Timothy.Pighee@va.gov STATEMENT OF WORK NON-REGULATED WASTE REMOVAL AND DISPOSAL DESCRIPTION OF SERVICES: The contractor shall provide all reports, labor, management, equipment, supplies, transportation, applicable licenses, permits, other items and services necessary to perform non-regulated general, miscellaneous waste removal services and single stream recycling for the removal, disposal and recycling of: "four (4) (Contractor provided) forty (40) cubic yard open top solid waste dumpsters, with one being a single stream recycling container that furniture will be allowed for recycling and the others for single stream recycling. These containers will need to be collected on call or with a set schedule that can change depending on the need (minimum of 156 collections per year). "Three (3) (Government provided) 34-40 cubic yard closed compactors dumpsters, with a minimum of two hundred sixty (260) collections per year "eighteen (18) 8 yard dumpsters, with a minimum of two thousand five hundred (2500) collections per year "three (3) front load 2 cubic yard containers on casters. All dumpsters/containers are positioned at locations on the Department of Veterans Affairs Central Arkansas Veterans Health Care (CAVHS) Campuses 1.4300 West 7th Street Little Rock, AR 72205 2.2200 Fort Roots Dr. North Little Rock, AR 72114 3.Veterans Drop in center located at 1101 W. 2nd Street in Little Rock, AR. The Contractor shall perform to the standards in the contract as well as all local, state, and federal regulations. All landfill fees shall be paid by the Contractor. The Waste Removal Service deals with refuse and trash collection, single stream recycling, transportation, removal and disposal/recycling. It is the Contractor's responsibility to clean up and remove any debris that has fallen from any containers while the exchange is being made. Upon notification by the Contracting Officer or the Contracting Officer's Technical Representative (COR), the Contractor shall perform non- scheduled refuse and trash removal or recycling removal in areas covered under this contract. Additional containers may be provided at the request of the COR to be "spotted" at locations to be identified by the COR at a later time. All work shall be performed during normal business hours of the Central Arkansas Veterans Health Care (CAVHS) Campuses, which is 7:30am through 4:00pm central standard time. Work performed outside the normal hours of coverage at the request of the COR will be acquired under a separate procurement. Monday through Saturday 7:30 - 4:30, excluding Federal Holidays New Years Day January 1 Martin Luther King's Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25 1. COLLECTION REQUIREMENTS: 1.1. Remove Refuse and Trash: The Contractor shall perform general removal of refuse, trash and other non-regulated waste as identified by the Government in areas identified in section "SUPPLIES AND SERVICES AND PRICES/COSTS". Contractor's responsibilities shall include, but not be limited to, the removal and disposal of all non-regulated refuse or trash and to clean up, remove any debris that has fallen from any containers while the exchange is being made, replace container to where it does not block traffic or obstruct normal operations, and provide quarterly tonnage reports to the GEMS Coordinator. The pick-up area must be left in a clean and sanitary condition. All dumpsters/containers hauled by the Contractor shall be contained, tied, or enclosed to prevent leaking, spilling, or blowing. The contractor shall dispose of all refuse and trash at an off-site location or landfill in accordance with local, state, and federal regulations and procedures and provide the GEMS coordinator with a recycle certification, quarterly, for all single stream recycling collections (amounts may be reasonably estimated for recycling totals). Collections must be made in both Contractor and Government containers, which must be fully enclosed or covered, reasonably leak-proof, steel construction, and kept clean. The contractor shall have sufficient personnel, licensed vehicles with appropriate permits, expendable and durable goods to perform the duties required without additional support from CAVHS. 1.2.a Classification of Refuse and Trash. Examples of refuse and trash to be disposed include the following: "Combustible and non-combustible materials. "Vegetation such as leaves, branches, uprooted shrubs, and trees. "Inert environmental refuse and trash such as dirt, mud, rocks, and sand. "Construction refuse and trash such as asphalt, blinds, brick, carpet, concrete, drywall, electrical wires, lamps, glass, insulation materials, copper, steel, aluminum, tile, pipe, plastic, vinyl, and wood. "Any non-regulated waste. "Food remnants and edible or non-edible garbage but not limited to coffee grounds, tea leaves, egg shells, banana peels, citrus fruit rinds, onion hulls, table scraps, and similar materials. "Miscellaneous Trash such as paper, wrappings, cartons, metal, glass, floor sweepings, waste products of coal and other fuels, wastepaper, lumber, non-repairable wooden items and construction debris. "Non-Regulated Patient Care Waste including but not limited to miscellaneous trash in the patient areas, such as tissues, papers, and similar materials used by the patients and for the patients. "Carcasses of Small (less than 10 lbs) dead animals. "Ashes burned refuse from combustible materials. 1.2.b Classification of Single stream recycling. Examples of single stream recycling for removal include but are not limited to the following: "Personal items such as cardboard, magazines, books, papers, clothing, and cooking utensils. "Household or office items such as appliances, furniture, computer equipment, and other electronics "Other refuse such as partially charred, burnt or intact materials such as tin cans, glass containers, metal or glass items, refuse, trash, plastics "Other materials that maybe listed as recyclable materials. "Scrap metals. 1.3. Routes/Schedules Submittals. The successful Contractor shall be provided collection schedules or establish a call in system for collection notification needs. They shall be submitted by Contracting Officer's Representative (COR) within five (5) business days prior to start of contract performance. The COR must approve the submittals prior to the Contractor starting work. The Contractor shall collect all refuse, recycling and garbage. No changes are allowed to the schedule or haul route without COR approval. The Contractor will provide, as requested, a report, in Excel compatible format, that accounts for collection dates, location (dumpsters), and weights. 1.4. Unscheduled Collections - Emergencies or Special Event Services. Upon notification of an emergency or unscheduled special event services, the Contractor shall respond within one (1) Day to meet with the Contracting Officer or COR and Government evaluator and initiate emergency services or unscheduled special event services. Upon receiving direction by the contracting officer or COR, Contractor personnel shall begin work within two hours or unless otherwise mutually agreed upon and approved by the contracting officer or COR/COR designee. Work performed outside the normal hours of coverage at the request of the COR will be acquired under a separate procurement. The Contracting Officer or COR will notify the Contractor as soon as an unscheduled event requirement is known. 1.5. Inclement Weather Schedule. The Contractor shall collect refuse material during periods of inclement weather. In cases of severe weather, the Contracting Officer may authorize exceptions. When exceptions are granted, the Contractor shall make up all missed collections within 24 hours after the severe weather has terminated, unless the contracting officer or COR authorizes additional time. 1.6. Points of Collection. The Contractor shall position all containers for customer ease in depositing refuse. This may require repositioning of containers from time to time. The Contractor shall also position containers to minimize interference with adjacent parking areas, sidewalks, roadways, overhead utilities, trees, and other potential obstructions. 1.7. Cubic Yard Capacity. Proposed capacity of containers is indicated in "Description of Service". The Government reserves the right to change the cubic yard capacity at any collection station or change the number of collection stations as needed. The Government may also reduce or increase the frequency of collections. 1.8. Government-Approved Containers. Collection of trash and garbage and recyclable items must occur in all areas shall be in Government-approved containers. Containers must be fully enclosed or covered (for transport), reasonably leak-proof, steel construction, and kept clean. Containers shall have easily closeable and lockable lids, were required. Containers shall be maintained in an acceptable appearance, including finish free excessive of rust, holes, etc. 1.9. Washing of Contractor Furnished Containers. Contractor is to wash containers upon request of the COR. Dumpsters may be washed off site with a pressurized washing unit in a method acceptable to the COR. Dumpsters will be removed from the site for washing, substitute containers must be furnished, at the COR's request, during this time. Containers are to be sprayed with approved deodorant after each washing. The Contractor shall be required to complete the dumpster washing report, and leave the report at the office of the COR, the same day the dumpster is washed. In the event that it is determined by the COR that the unit requires additional cleaning and/or maintenance, the contractor will provide this service at no additional cost to the CAVHS. 1.10. Maintaining Containers and Collection Area. The Contractor shall return the containers, on the same day collected, to their original location after servicing, in an upright position attaching all hydraulic hoses or connections as required. The Contractor will also be responsible for immediately cleaning up any spills, debris, etc., which may occur during servicing of containers. All refuse on the ground within ten feet of the container, whether spilled by the Contractor or placed there by CAVHS personnel, shall be picked up by the Contractor during collection. The Contractor will be responsible for keeping collection areas free of refuse and debris. 2. DISPOSAL: 2.1. Off-Site Disposal. The Contractor shall transport and dispose of all solid waste at a licensed off-site disposal facility selected by the Contractor. Disposal shall be in accordance with existing local, state, and federal regulations. The Contractor must use an Environmental protection Agency (EPA) approved landfill for disposal of all solid waste and submit appropriate certificate validating compliance to this requirement. The Contractor shall be responsible for any permit or fees associated with the use of off-site disposal locations. 2.2. Disposal of Non-marketable Materials. Disposal of non-marketable materials from processing recyclable materials at an off Campus facility shall be the responsibility of the Contractor. This includes any recyclable material rejected for any reason. 2.3. Equipment Maintenance. The Contractor shall maintain all Contractor and Government provided containers ensuring they are free of unpleasant odors, dirt, debris, and pests. All containers must remain in good, workable condition. They must remain easily accessible to customers. The Contractor shall perform all cleaning, painting, repair and other maintenance tasks as described in paragraph 1.8 through 1.10. Trucks and trailers used for hauling and collecting shall be washed as required to ensure they are free of odor, dirt, debris, and pests. 3. GENERAL INFORMATION. 3.1. Quality Control. The successful Contractor shall develop and maintain a quality program to ensure refuse services are performed in accordance with commonly accepted commercial practices. The successful Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. 3.2. Quality Assurance. The COR will periodically evaluate the Contractor's performance to ensure that contracted services are received. The COR will evaluate the Contractor's performance through intermittent on-site inspections of the Contractor's quality control program and receipt of complaints from CAVHS personnel. The Government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the Government may decrease the number of quality control inspections if performance dictates. The Government will also receive and investigate complaints from various customers located at CAVHS. The Contractor shall be responsible for initially validating customer complaints. However, the COR shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s). 3.3. Government Remedies. The contracting officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items (Sept 2005), for Contractor's failure to perform satisfactory services or failure to correct non-conforming services. 3.4. Identification, Parking, Smoking, and VA Regulations. The Contractor's Field Service Engineers (FSEs) shall wear visible identification at all times while on the premises of the VA Medical Center. Additionally the FSE will wear, as a minimum, a DOT Class I (ANSI/ISEA 107-2010 CLASS -I) reflective vest, safety eyewear, safety foot wear. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the COR. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VA. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. 3.5. Conformance Standards. Contract service shall ensure that all work is performed in accordance with Joint Commission, DNR, EPA, DOT, OSHA, and governing federal, local and state regulations and guidelines. Copies of the Contractor's state, local and federal permits and licenses MUST be provided to with the signed quote as noted the addendum to FAR 52.212-1. 3.6. Payment. Invoices will be paid in arrears on a monthly basis. Invoices must include the Contract Number, Purchase Order Number and covered period of service after approval by the COR. In addition, all invoices will include the monthly price as submitted below and a copy of the manifest applicable manifests and/certificates of destruction (i.e. report/control numbers). 3.7. Reporting Required Services Beyond The Contract Scope: The Contractor shall immediately, but no later than 24 (twenty four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any instances which the Contractor believe he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COR with a written estimate of the cost for consideration of additional services under this agreement. 3.8. Insurance : A. Worker compensation and employer's liability. Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes. B. General Liability. Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. C. Property Damage Liability. Contractors are required to have Property Damage Liability insurance coverage of at least $500,000. 3.9. Pre-work Orientation: In accordance with Joint Commission, the Contractor will attend a pre-work orientation meeting prior to the commencement of work on site. The VA will schedule this meeting and it will include discussion of the following topics: A.Fire and Safety B.Infection control C.Disaster procedures D.Transportation routes and general information on the project. E.Other topics deemed necessary The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above. 3.10. Reconstitution. All waste shall be completely removed in accordance with conformance standards. Areas damaged by Contractor vehicles shall be repaired to meet the appearance of the surrounding area to the satisfaction of the COR at no additional cost to the Government. 4. SPECIAL CONTRACT REQUIREMENTS: A. Vehicle Specifications. Each vehicle used in the performance of this contract shall meet the specifications required by the State of Arkansas, as well as the city/or counties where services are to be performed. B. Permits and Licenses. Prior to performance of any services under this contract, the Contractor shall provide a copy of all permits required in the normal operation of its business to the Contracting Officer. 5. SECURITY REQUIREMENTS. A VA Police background check may be a requirement, at the Government's option, for all Contractors' and any Subcontractors' employee(s) providing services to the Government. The Government's decision to exercise this option will not entitle the Contractors or Sub-Contractors to any contract price adjustments. This shall allow the Contractor to access areas within the Medical Center such as offices, clinics, patient rooms, and other restricted areas. No employee shall be permitted to perform work or access non-public areas unescorted without a background check and written clearance by VA Police. If required by the COR, the Contractor will be requested to provide the following information: "Name (full, including previous names) of any employee who will be performing work under this agreement. "Social Security Number "Date of Birth "Place of Birth 5.1. Physical Security. The Contractor is responsible for safeguarding all Government documents as indicated in Section 4.13 and 4.14. All vehicles/trucks utilized for pickup of trash and garbage must be properly identified with Contractor name. 5.2. Contractor Personnel. Contractor personnel must wear a common uniform or identification with the Contractor's name printed in neat and professional manner so as to be easily visible and readable. 6. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COR). Brian Green at (501) 257-11137 - is the COR and is designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer. Price: Price must be provided in accordance with the following format below: SERVICEPrice per containerPrice per monthPrice per year Provide all labor, management, equipment, supplies, transportation, applicable licenses and permits, and other items and services necessary to perform general and miscellaneous waste and trash removal services for disposal. To include all landfill fees, transportation costs, tipping fees, container rental fees and cost associated with the removal and return of described waste containers. BASE YEAR 0001 - Removal of three (3) contractor provided forty (40) cubic yard, maximum, open top steel dumpsters. (minimum of 260 collections/ year). 0002 - Removal of three (3) Government provided thirty-four- thirty six (34-36) cubic yard, closed self -contained solid waste steel receiver dumpsters. (Minimum of 225 collections/ year). 0003 - Removal of eighteen (18) contractors provided eight (8) cubic yard, maximum, open top steel dumpsters (minimum of 2500 collections/ year). 0004 - Removal of a minimum of five (5) contractor provided single stream recycling containers, 4 cubic yards minimum (minimum of 260 collections/ year). 0005 - Removal of three (3) 2 yard containers on casters, (minimum of 125 collections/ year). Provide all labor, management, equipment, supplies, transportation, applicable licenses and permits, and other items and services necessary to perform general and miscellaneous waste and trash removal services for disposal. To include all landfill fees, transportation costs, tipping fees, container rental fees and cost associated with the removal and return of described waste containers. OPTION YEAR 1 1001 - Removal of three (3) contractor provided forty (40) cubic yard, maximum, open top steel dumpsters. (minimum of 260 collections/ year). 1002 - Removal of three (3) Government provided thirty-four- thirty six (34-36) cubic yard, closed self -contained solid waste steel receiver dumpsters. (Minimum of 225 collections/ year). 1003 - Removal of eighteen (18) contractors provided eight (8) cubic yard, maximum, open top steel dumpsters (minimum of 2500 collections/ year). 1004 - Removal of a minimum of five (5) contractor provided single stream recycling containers, 4 cubic yards minimum (minimum of 260 collections/ year). 1005 - Removal of three (3) 2 yard containers on casters, (minimum of 125 collections/ year). Provide all labor, management, equipment, supplies, transportation, applicable licenses and permits, and other items and services necessary to perform general and miscellaneous waste and trash removal services for disposal. To include all landfill fees, transportation costs, tipping fees, container rental fees and cost associated with the removal and return of described waste containers. OPTION YEAR 2 2001 - Removal of three (3) contractor provided forty (40) cubic yard, maximum, open top steel dumpsters. (minimum of 260 collections/ year). 2002 - Removal of three (3) Government provided thirty-four- thirty six (34-36) cubic yard, closed self -contained solid waste steel receiver dumpsters. (Minimum of 225 collections/ year). 2003 - Removal of eighteen (18) contractors provided eight (8) cubic yard, maximum, open top steel dumpsters (minimum of 2500 collections/ year). 2004 - Removal of a minimum of five (5) contractor provided single stream recycling containers, 4 cubic yards minimum (minimum of 260 collections/ year). 2005 - Removal of three (3) 2 yard containers on casters, (minimum of 125 collections/ year). Provide all labor, management, equipment, supplies, transportation, applicable licenses and permits, and other items and services necessary to perform general and miscellaneous waste and trash removal services for disposal. To include all landfill fees, transportation costs, tipping fees, container rental fees and cost associated with the removal and return of described waste containers. OPTION YEAR 3 3001 - Removal of three (3) contractor provided forty (40) cubic yard, maximum, open top steel dumpsters. (minimum of 260 collections/ year). 3002 - Removal of three (3) Government provided thirty-four- thirty six (34-36) cubic yard, closed self -contained solid waste steel receiver dumpsters. (Minimum of 225 collections/ year). 3003 - Removal of eighteen (18) contractors provided eight (8) cubic yard, maximum, open top steel dumpsters (minimum of 2500 collections/ year). 3004 - Removal of a minimum of five (5) contractor provided single stream recycling containers, 4 cubic yards minimum (minimum of 260 collections/ year). 3005 - Removal of three (3) 2 yard containers on casters, (minimum of 125 collections/ year). Provide all labor, management, equipment, supplies, transportation, applicable licenses and permits, and other items and services necessary to perform general and miscellaneous waste and trash removal services for disposal. To include all landfill fees, transportation costs, tipping fees, container rental fees and cost associated with the removal and return of described waste containers. OPTION YEAR 4 4001 - Removal of three (3) contractor provided forty (40) cubic yard, maximum, open top steel dumpsters. (minimum of 260 collections/ year). 4002 - Removal of three (3) Government provided thirty-four- thirty six (34-36) cubic yard, closed self -contained solid waste steel receiver dumpsters. (Minimum of 225 collections/ year). 4003 - Removal of eighteen (18) contractors provided eight (8) cubic yard, maximum, open top steel dumpsters (minimum of 2500 collections/ year). 4004 - Removal of a minimum of five (5) contractor provided single stream recycling containers, 4 cubic yards minimum (minimum of 260 collections/ year). 4005 - Removal of three (3) 2 yard containers on casters, (minimum of 125 collections/ year). EVALUATION AND AWARD An award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. EVALUATION FACTORS: 1.Knowledge of Refuse and Waste Removal - Offeror must provide a narrative addressing disposal of all refuse and trash at an off-site location or landfill in accordance with local, state, and federal regulations and procedures 2.Operation Plan - Offeror must provide a narrative addressing sufficient personnel, licensed vehicles, expendable and durable goods to perform the duties required without additional support from the VA. 3.Past Performance - Name and contact information, including an e-mail address, for three (3) clients receiving the same or similar services within the past three years. (see Attachment A). DELIVERABLES: 1.Permits Needed - Offeror must submit copies of all current permits required in the normal operation of its business. 2.Evidence of Insurance Coverage - Offeror must provide evidence of insurance coverage/certificate of insurance. 3.Vehicles - Please list the type of vehicles to be used in performing the services of this contract 4.Past Performance Survey - Completed Past Performance Surveys must be returned directly to the contracting office by the person completing the survey. It is the offeror's responsibility to ensure that the surveys are returned by references before the closing date of the solicitation. Information that may be perceived as negative from the points of contacts provided, along with an explanation as to the perception and outcome. CONTRACT CLAUSES/SOLICITATION PROVISIONS The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. All offers must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition. FAR CLAUSES 1.FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2014) Addendum to FAR 52.212-4 - Show FAR clauses followed by VAAR clauses in numeric order. List all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR. 2.52.203-16 Preventing Personal Conflicts of Interest (DEC 2011) 3.52.203-17Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) 4.52.204-4Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 5.52.217-8Option to Extend Services (NOV 1999) 6.52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. (End of Clause) 7.52.219-13Notice of Set-Aside of Orders (NOV 2011) 8.52.219-27Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) 9.52.222-41Service Contract Labor Standards (MAY 2014) 10.52.222-99Establishing A Minimum Wage For Contractors (Deviation 2014-O0017) (June 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014. (a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour. (b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract. (c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment. (d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act). (e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts. (End of clause) 11.52.228-5Insurance-Work on a Government Installation (JAN 1997) 12.CL-120In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000 per occurrences. (c) Automobile liability: $100,000 per person; $500,000 per occurrence and property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (end of clause) 13.52.232-18Availability of Funds (APR 1984) 14.52.232-19Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond the base year period of performance. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the base year of period of performance, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause) 15.52.237-3Continuity of Services (JAN 1991) VAAR CLAUSES 16.852.203-70 Commercial Advertising (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) 17.852.203-71 Display Of Department Of Veterans Affairs Hotline Poster (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports. (End of Clause) 18.001AL-11-15-ALimitations on subcontracting - Monitoring and Compliance (JUNE 2011) This solicitation includes (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. 19.852.232-72 Electronic Submission Of Payment Requests (NOV 2012) (a) Definitions. As used in this clause- (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA's Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) 20.852.237-70 Contractor Responsibilities (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Arkansas. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) FAR PROVISIONS 21.52.204-16Commercial and Government Entity Code Reporting (NOV 2014) 22.52.204-17Ownership or Control of Offeror 23.52.209-5Certification Regarding Responsibility Matters (Apr 2010) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- (A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and (D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. �6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. �6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. �6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of Provision) 24.52.209-7Information Regarding Responsibility Matters (Jul 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) 25.52.212-2Evaluation-Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: EVALUATION FACTORS: 1.Knowledge of Refuse and Waste Removal - Offeror shall provide a narrative addressing disposal of all refuse and trash at an off-site location or landfill in accordance with local, state, and federal regulations and procedures 2.Operation Plan - Offeror shall provide a narrative addressing sufficient personnel, licensed vehicles, expendable and durable goods to perform the duties required without additional support from the VA. 3.Past Performance - Name and contact information, including an e-mail address, for three (3) clients receiving the same or similar services within the past three years. (see Attachment A). Technical and past performance when combined are approximately equal to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 26.52.216-1Type of Contract (Apr 1984) The Government contemplates award of a service contract resulting from this solicitation. (End of Provision) 27.52.217-5Evaluation of Options (Jul 1990) 28.52.233-2Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Timothy Pighee, Contract Specialist, 2200 Fort Roots Dr. BLDG 41, Room 217, North Little Rock, AR, 72114-1709. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) VAAR PROVISIONS 29.852.233-70Protest Content/Alternative Dispute Resolution (Jan 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision) 30.852.252-70Solicitation Provisions Or Clauses Incoporated By Reference (Jan 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. [Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision) 31.852.270-1Representatives Of Contracting Officers (Jan 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Provision)
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