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TIERED EVALUATIONS This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127. Infectious Medical Waste Multiple Award IDIQ-VISN 5

West Virginia, United States
Government : Homeland Security
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1. Introduction:
A. The VISN 5, RPO East, Network Contracting Office (NCO5) is issuing 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 in conjunction with FAR part 13. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. Contractor to provide Infectious Medical Waste Removal for VISN 5. The period of performance will be 09/30/2019-09/29/2024.
B. TIERED EVALUATIONS INCLUDING SMALL BUSINESS CONCERNS: This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, a tiered evaluation for VOSB concerns, or in the alternative, a set-aside for other small business concerns with HUBZone small business concerns and 8(a) participants having priority. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited. This will be a multiple-award VISN wide IDIQ, expected number of vendors will range from four (4) to Six (6). In the event that SDVOSB/VOSB do not amount to four capable vendors, Small Business will be included until at least four vendors are found.
Evaluate the offers, if any, submitted by SDVOSB concerns. If no offers were submitted by SDVOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, withdraw the SDVOSB set-aside, document the basis for not making an award within this tier as prescribed in subsection (f) below, and proceed to the set-aside for VOSB concerns.
Evaluate the offers, if any, submitted by VOSB concerns. If no offers were submitted by VOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, withdraw the VOSB set-aside, document the basis for not making an award within this tier prescribed in subsection (f) below, and proceed to the set-aside for other small business concerns set forth in each subsequent tier.
Evaluate the offers, if any, submitted by other small business concerns. If no offers were submitted by other small business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, cancel the solicitation, document in a memorandum for record the basis for cancelation, and resolicit as an unrestricted procurement.
C. The applicable NAICS code is 562112, and the Small Business Size Standard is 38.5M
D. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2019-02. The full text of the provisions and clauses can be obtained from the following websites: and
E. If you are claiming Service Disabled Veteran Owned Small Business or Veteran Owned Small Business status you must be registered in the Veteran Information Pages (VIP)
F. To be eligible for award of a contract, vendor must be actively registered in the SAM database ( Vendor is also required to complete representations and certifications found in the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items.

2. Questions regarding this solicitation must be made in writing to the Contracting Specialist, Phillip Duba at and must include the solicitation number 36C24519Q0422 on the subject line. They must be submitted No later than 2:00 EST on 09/03/19. NO TELEPHONE REQUESTS OR INQUIRIES WILL BE ACCEPTED.
Responding to this solicitation- Offeror must submit its offer via Email to Offeror must provide the following information with its offer:
A. Legal entity name, address, DUNS of your company; and size status
B. Information that demonstrates your company s technical capability and experience for the following:
(1)Infectious Medical Waste: proof of experience as the prime contractor for at least 3 separate contracts.
(2) Proof of licenses & permits will be verified prior to award, please attach to the solicitation response.
(3) Compliance with Limitations on Subcontracting: Describe any relationship to the offeror of any personnel who will be providing services under the contract that are not directly employed by the offeror. Provide a copy of offeror s written teaming arrangement or subcontracting plan that explains each party s specific responsibilities/activities regarding the performance of the contract, as well as the duration and terms of the arrangement.
C. Completed Price Schedule for CLINs 0001 through 4019 (see the Price Schedule Attachment for CLIN descriptions);
D. Completed Immigration & Indemnity Certification (see Solicitation Attachment);
E. Offeror must send the Past Performance Questionnaire (PPQ) that s attached to this notice to its references and ensure that the references submit a completed PPQ to Phillip.Duba@va,gov by the closing date and time of the solicitation. The first 3 completed PPQs received will be used for evaluation purposes and all other additional questionnaires received for the same offeror will be discarded without consideration; likewise, questionnaires received after the solicitation closing date will be discarded without consideration.

3. Date & time offers are due on 09/20/19 @ 2:00pm EST.

4. Evaluation-Commercial Items. A multiple award IDIQ will be made to the responsible offerors who submits an acceptable offer, as determined by a technical evaluation, and has lowest price for satisfactory completion of all contract requirements. Technical will be rated as Acceptable/Unacceptable . The acceptable offer with the lowest overall price will be deemed the most advantageous to the Government. Past Performance will be rated as Acceptable/Neutral/Unacceptable . Past performance information will be obtained from various data sources (e.g., Past Performance Questionnaires from offeror s references, PPIRS, offeror-provided information). The apparent successful offerors past performance will be evaluated as part of the Contractor Responsibility Determination to ensure the presence of an acceptable performance record in accordance with FAR 9.104-1. If offerors have no relevant past performance, it will not be evaluated favorably or unfavorably on past performance. No adjectival ratings will be used to evaluate price. Proposed prices will be evaluated for fair and reasonableness using the price analysis techniques listed in FAR 13.106-3.

5. Description of Work:
A. The Contractor will provide all resources necessary to perform infectious medical waste removal for VISN 5 in accordance with the attached Statement of Work.
B. Contract Line Item Numbers, quantities, unit of measure: (see the Price Schedule attachment).

6. The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition, including the following addenda:
A. 52.204-7, System for Award Management (OCT 2018);
B. 52.204-16, Commercial and Government Entity Code Reporting (JUL 2016);
C. 52.207-6, Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (OCT 2016)
D. 52.209-7, Information Regarding Responsibility Matters (OCT 2018)
E. 52.216-1, Type of Contract (APR 1984)
F. 52.216-27, Single or Multiple Awards (OCT 1995)
G. 52.233-2, Service of Protest (SEPT 2006);
H. 852.209-70, Organizational Conflicts of Interest (JAN 2008)
I. 852.233-70, Protest Content/Alternative Dispute Resolution (OCT 2018); and
J. 852.233-71, Alternate Protest Procedure (OCT 2018).
K. 52.212-2, Evaluation-Commercial Items (OCT 2014)

7. Offeror Representations and Certifications. Offeror must include a completed copy of the provision at 52.212-3. The offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through If the offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (u) of this provision.

8. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition, including the following addenda:
A. 52.203-16, Preventing Personal Conflicts of Interest (DEC 2011
B. 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)
C. 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)
D. 52.204-13, System for Award Management Maintenance (OCT 2018);
*E. 52.216-18, Ordering (OCT 1995)
*F. 52.216-19, Order Limitations (OCT 1995)
*G. 52.216-22, Indefinite Quantity (OCT 1995)
H. 52.217-8, Option to Extend Services (NOV 1999)
I. 52.217-9, Option to Extend the Term of the Contract (MAR 2000). Paragraph (a) fill-in information: 30 days of contract expiration; 60 days. Paragraph (c) fill-in information: 55 months;
J. 52.219-6,Notice of Total Small Business Set-Aside (DEVIATION 2019-01)
K. 52.219-14, Limitations on Subcontracting (DEVIATION 2019-01)
L. 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013);
M. 852.203-70, Commercial Advertising (MAY 2008);
N. 852.211-72, Technical Industry Standards (NOV 2018)
O. 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside
P. 852.219-74, Limitations on Subcontracting Monitoring and Compliance (JUL 2018);
Q. 852.219-75, Subcontracting Commitments Monitoring and Compliance (JUL 2018);
R. 852.232-72, Electronic Submission of Payment Requests (NOV 2018);
S. 852.237-70, Contractor Responsibilities (APR 1984). Paragraph (a) fill-in information:
T. 852.270-1 Representatives of Contracting Officers (JAN 2008).

9. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition, including the additional FAR clauses cited in the clause:
A. 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006);
B. 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2018);
C. 52.204-14, Service Contract Reporting Requirements (OCT 2016);
D. 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015);
E. 52.209-9, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015);
F. 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011);
G. 52.219-8, Utilization of Small Business Concerns (OCT 2018);
H. 52.219-14, Limitations on Subcontracting (Jan 2017);
I. 52.219-28, Post Award Small Business Program Re-representation (Jul 2013);
J. 52.222-3, Convict Labor (JUNE 2003);
K. 52.222-21, Prohibition of Segregated Facilities (APR 2015);
L. 52.222-26, Equal Opportunity (SEPT 2016);
M. 52.222-35, Equal Opportunity for Veterans (OCT 2015);
N. 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014);
O. 52.222-37, Employment Reports on Veterans (FEB 2016);
P. 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010);
Q. 52.222-50, Combating Trafficking in Persons (MAR 2015);
R. 52.222-54, Employment Eligibility Verification (OCT 2015);
S. 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008);
T. 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018);
U. 52.222-17, Nondisplacement of Qualified Workers (MAY 2014);
V. 52.222-41, Service Contract Labor Standards (AUG 2018);
W. 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014); Dispatcher, Motor Vehicle: $22.03/hour; Shuttle Bus Driver: $21.03/hour; Clerk: $15.89/hour;
X. 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018);
Y. 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015); and
Z. 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017).

52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 30, 2019 through September 29, 2024.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ($2,500.00), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor
(1) Any order for a single item in excess of ($1,000,000.00);
(2) Any order for a combination of items in excess of ($4,000,000.00); or
(3) A series of orders from the same ordering office within (365) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within (10) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
Total IDIQ Ceiling is $4,000,000.00
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after (September 29, 2024).
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 Maryland, DC, West Virginia, Ohio, Kentucky, & Virginia). 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.

Phillip Duba

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