36C24218Q9975-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 55

620-19-1-585-0001

36C24218Q9975 09-11-2018

MILLS, BRAD | William.Mills4@va.gov 914.737.4400 X2074 09-28-2018

9:00AM EDT

36C242

Department of Veterans Affairs

Network Contracting Office 2

James J. Peters VA Medical Center

130 West Kingsbridge Road

Bronx NY 10468-3904

X 100

X

562112

$38.5 Million

N/A

Department of Veterans Affairs

Hudson Valley Healthcare System

Castle Point and Montrose campuses

Route 9D

Castle Point NY 12511-0100

36C242

Department of Veterans Affairs

James J. Peters VA Medical Center

Network Contracting Office 2

Tungsten Network http://www.tungsten-network.com/us/en

/veterans-affairs

See CONTINUATION Page

This requirement is for Hazardous Waste Collection and

Disposal Service for VA Hudson Valley Healthcare System

Castle Point and Montrose campuses - See Performance Work

Statement and Price Schedule for more information.

Please submit any questions to William.Mills4@va.gov by

September 18, 2018. All responses to questions shall be incorporated into a written amendment posted to FBO.gov.

There is no Site Visit anticipated during this solicitation.

See CONTINUATION Page

X X

X 1

BRAD MILLS

Contracting Officer

36C24218Q9975

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.3 STATEMENT OF WORK

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN

2017)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 52.216-18 ORDERING (OCT 1995)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-21 REQUIREMENTS (OCT 1995)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.9 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) 19

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 IT CONTRACT SECURITY

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 39

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Brad Mills | William.Mills4@va.gov

Department of Veterans Affairs

Network Contracting Office 2

James J. Peters VA Medical Center

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network http://www.tungsten-network.com/us/en

/veterans-affairs

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

This solicitation includes FAR 52.219-14 Limitations on Subcontracting. 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.

B.3 STATEMENT OF WORK

I. TITLE: VA Hudson Valley Hazardous Waste Disposal Service

II. BACKGROUND: The VA Hudson valley Healthcare System has a need for hazardous waste disposal services at its two campus locations, Montrose and Castle Point. Hazardous and non-hazardous wastes include: Flammable liquid, corrosive liquid, oxidizing liquid, pharmaceuticals, dental amalgam, mercury, aerosols, used oil, rags and spill cleanup material. Universal waste: Straight Fluorescent Lamps, U-Shaped Fluorescent Lamps, Compact Fluorescent Lamps, HID

Fluorescent Lamps, Alkaline Batteries, NiCad Batteries, NiMH Batteries, Lead Acid Batteries, Lithium Batteries. The estimated annual accumulations for each campus are as follows:

HAZARD TYPE MONTROSE CAMPUS CASTLE POINT CAMPUS

Hazardous Wastes 4,000 pounds 4,000 pounds

Non-Hazardous Wastes 6,000 pounds 6,000 pounds

Used Lamps 4,000 lamps 4,000 lamps

Used Batteries 1,500 pounds 1,500 pounds

Asbestos 15 cubic yards 15 cubic yards

More specific information/quantities are provided in the Waste Stream spreadsheet.

III. PLACES OF PERFORMANCE:

MONTROSE CAMPUS: VA Hudson Valley Healthcare System

Montrose Campus

138 Albany Post Rd., Rte. 9A

Montrose, NY 10548-1454

CASTLE POINT CAMPUS: VA Hudson Valley Healthcare System

Castle Point Campus

Route 9D

Castle Point, NY 12511-0100

NOTE: Montrose campus is in Westchester County, NY and the Castle Point campus is in Dutchess County, NY.

IV. PERFORMANCE PERIODS: The Requirements contract shall be for a period of up to 12 months, with four option years. Proposed performance periods are as follows:

Base Year: October 2018 Date TBD through September 30, 2019

Option Year 1: October 1, 2019 through September 30, 2020

Option Year 2: October 1, 2020 through September 30, 2021

Option Year 3: October 1, 2021 through September 30, 2022

Option Year 4: October 1, 2022 through September 30, 2023

Orders will be made from the Requirements contract and shall not exceed 12 months duration.

V. TRAINING: The following is required annual training: hazardous waste, non-hazardous waste, asbestos, medical waste, USDOT and universal waste.

VI. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The following are sites at which services are to be rendered under this contract. The contractor is expected to be the primary point of contact, shipper and disposer for all waste services as described herein for each of the Montrose and

Castle Point medical centers.

Waste shall include, but is not limited to, pharmaceutical waste, flammable liquid waste, corrosive liquid waste, reactive waste, non-regulated waste, lab packs (incineration and treatment), mercury waste, lead paint chips, compressed gas cylinders (all sizes), paint waste, used oil, U.S. Drug Enforcement Administration (DEA) Controlled Substances that are also subject to the Resource Conservation and Recovery Act (RCRA), and universal waste.

The successful offeror must possess the necessary transporter licenses, Treatment, Storage and Disposal (TSDF permit, technical expertise and resources required by these specifications in order to be considered for contract award. The VA makes no guarantee that all services described below will be required at any specific location or at any specific number of locations, or at all.

Contract performance shall begin as soon as all contractor personnel have had appropriate background investigations initiated by the Government as described herein (not to exceed 45 days from date of award).

A. Detailed Scope of Work

1. The Contractor is required to furnish all necessary labor, materials, tools, equipment, travel, transportation, documentation and disposal services for the removal and disposal of Waste. Work shall be performed in accordance with all applicable federal, state, local and all governing regulations.

2. The Contractor will be responsible for the characterization, collection and disposal of all Waste from within the medical center. Waste will be sorted by hazard class or chemical compatibility and labeled by the contractor and prepared for off-site shipping. These locations will be provided to the Contractor by the

Contracting Officer’s Technical Representative (COTR) at time of award.

3. The Contractor will be responsible to package bulk waste as may be necessary for the Contractor depending on the quantity and composition of the waste.

4. The Contractor shall be responsible for properly containerizing, classifying, segregating, labeling, storing, transporting, treating and disposing of all lab-packs (several sealed containers of compatible hazardous wastes into a larger vessel along with packing material in order to transport the wastes to a disposal/incinerator facility). VA staff shall not be required to assist in the transport of hazardous waste from storage to transport vehicles and or provide any labor, tools or materials in the performance of this contract.

5. “Urgent” Task Orders: Contractor shall pick up Waste within twenty-four (24) hours, as specified by COR, of the time of any task order placed with the contractor that is formally classified as “URGENT” in writing or over the telephone by the COTR or a designee. Urgent removal shall not be subject to changes in pricing beyond the contracted amount.

6. The Contractor shall provide emergency services for the containment and cleanup of large chemical spills as determined by the VA Medical Center’s Green Environmental Management Systems (GEMS) Coordinator or his/her designee. Emergency Service also shall be available for the clean-up of any oil spill(s). The Contractor shall be listed as the Emergency Responder of Record in the medical center’s Hazardous Waste Contingency Plan and/or Spill

Prevention, Control and Countermeasure Plan as set forth in 40 CFR Part 265 and 40 CFR Part 112, respectively.

7. The Contractor shall, at Contractor’s own cost, immediately perform emergency clean-up, decontamination, characterization, transportation and disposal of Waste that Contractor spills or releases (“Spill(s)”) during the performance of this Contract – either on-site or during transportation of waste. Contractor shall immediately report verbally all such Spills to the facility GEMS Coordinator or designee; Contractor shall report all spills in writing to the facility GEMS Coordinator and COTR within five (5) days of each Spill. The Contractor shall be listed as the

Emergency Responder of Record in the Medical Center’s Hazardous Waste Contingency Plan and/or Spill Prevention, Control and Countermeasure Plan as set forth in 40 Code of Federal Regulations (CFR) Part 265 and 40 CFR Part

112. Contractor also shall indicate in this written notice what actions will be taken to prevent future Spills. At the time of award, the contractor shall receive a written delegation of the COTR, and each facility GEMS Coordinator.

8. The Contractor will be responsible for cleaning up any spills caused by Contractor during performance of services to the satisfaction of all federal, state, local agencies, or other authority having jurisdiction as well as to the satisfaction of all VA personnel. The Contractor will be responsible for all costs associated with a spill or leak cleanup of the waste. No cost will be charged to the VA.

9. All EPA, State of New York and local fines and penalties that result from a spill caused by the Contractor will be the responsibility of the Contractor. Additionally, any noncompliance penalties fined to the VA as a result of unmet deadlines or regulatory noncompliance relating to services described in this contract shall be borne by Contractor.

10. All materials removed under this Contract will be properly managed by the Contractor in accordance with current federal, state and local regulations and guidelines. Waste will be recycled if economically feasible and practical. All documentation proving the disposal/recycling of these materials will be provided by the Contractor to the COR within

30 calendar days.

11. The Contractor shall comply with all requirements of federal, state and local regulatory agencies governing the packaging, transporting, and final disposal of Waste (e.g. OSHA, EPA, DOT, and DEC). The Contractor shall provide waste containers that meet or exceed DOT regulations and that are free of exterior residue and extraneous labeling and markings.

12. The Contractor shall segregate and stabilize all reactive/unstable materials as appropriate prior to removal from VA property, and shall contact any necessary outside (non-VA) personnel necessary to be on-site during any procedure

(e.g., Bomb Squad).

13. The Contractor will provide an adequate (at least two qualified individuals) crew with training in handling Waste and emergency procedures. Training should include OSHA, EPA, DOT and New York State DEC regulations.

Contractor shall certify in writing that the Contractor's supervisor(s) and all technicians that will work on VA Medical

Center premises have received at least the minimum training required by law as specified on 29 CFR 1910.120.

Contractor will provide the names and certifications of all crew members for each site with their technical proposal, and shall forward updates to crew composition to the COR and Contracting Officer whenever a crew is modified.

New crew members will be subject to a Government Background Investigation (BI) as detailed herein, and may not begin work until a complete BI package is submitted and accepted, and an investigation is initiated by the

Government.

14. The Contractor will provide appropriate personal protective equipment (PPE) to their employees.

15. Price of disposal for each type of waste will include costs for transporting and disposal of the wastes contained within.

No materials charges outside the price proposed on the offeror’s waste stream breakdown will be honored.

16. Transportation of Waste shall be in accordance with 49 CFR 100-199. All other provisions of 49 CFR shall be followed.

17. The Contractor will prepare waste profiles and waste characterization reports of chemicals for the COR with information provided by the VA. The Contractor will be responsible for any required chemical analysis including

(but not limited to) pH testing, solid content analysis, etc., which can be performed at the collection site. The

Contractor shall also identify and classify unknown Waste using laboratory analysis and promptly provide the VA with analytical result in writing, as well as relevant hazard characteristics of the unknown substance(s). In the event that Waste has been previously mis-classified, the Contractor shall promptly notify the VA and all appropriate governmental entities. The flat cost of the analytical survey shall be the same for any survey as priced on the contractor’s price proposal. No exceptions shall be granted from this price.

18. The Contractor shall provide VA staff the opportunity to inspect any facility (or subcontractor’s facility) used for the storage and/or disposal of hazardous materials collected within two (2) weeks of written request.

19. Contractor personnel may be required to show an approved Task Order/Purchase Order and their company identification at time of pick-up or as requested of any VA staff.

20. Packaging and Disposal Requirements

a. Packaging of Waste will be in the most economical manner which shall minimize total cost to the Government.

Smaller sizes shall be used for partial loads or to meet the disposal priorities outlined below and in compliance with USDOT Packaging, Labeling and Marking Requirements. At no time shall intermingling of waste streams be considered as a viable method to reduce total cost.

b. Contractor will dispose of hazardous waste in a manner that leaves no future expense potential to the VA or the federal government. Chemicals should be disposed of in the following preferred priority (THIS PRIORITY IS

ENFORCEABLE BY THE COTR PER THE PERFORMANCE STANDARDS SECTION OF THIS

CONTRACT):

1) Recycling of chemicals to another party for future use.

2) The processing of chemical waste (at a facility approved for such processing by an appropriate state or federal agency) in a manner that renders it no longer a hazardous waste as defined in the 40 CFR series. These processes include (but are not limited to):

i. Chemical neutralization and detoxification.

ii. Thermal treatment (e.g. incineration, pyrolysis).

iii. Reprocessing or recovery followed by recycling/reuse.

iv. The long-term internment (burial) in a secure chemical landfill site approved for such by the appropriate state or federal agency.

c. Acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal site does not constitute disposal and/or completion of the Contract. It is the Contractor’s responsibility to obtain all necessary documentation to prove that the disposal of all items has been accomplished.

21. The Contractor shall not interfere or hinder the daily operations of the medical center while performing services.

22. Only those items listed in the attached pricing schedule, at the prices quoted and facilities specified, may be ordered because of this agreement. Any service or item not detailed in this contract shall be purchased by means of competition on the open market or from a mandatory supply source, if available. If the Contractor anticipates a new need, they may request the modification of this contract to include it. The Contractor shall not assume that any new or unanticipated need may be performed and invoiced because of this contract.

23. All contract staff must be adequately protected and shielded from hazardous materials, and any other dangerous/hazardous situation or substance. It is the contractor’s responsibility to take adequate measures to protect their staff. At no time may the contractor’s actions or performance cause harm or the potential for harm to any VA employee or patient.

24. The Contractor shall mail the generator copy of the manifest to NYSDEC as required by NYSDEC regulations. If waste is shipped to a disposal site outside NY State, the Contractor shall obtain a copy of the manifest signed by the disposal site and mail the manifest to NYSDEC.

25. The Contractor shall submit to the VA a full occupational health and safety plan for the contractor, a copy of the

NYSDEC transporter license, and TSDF permits for sites that will receive the VA waste. The Contractor shall possess a valid transporter license and TSDF permit at the time of contract approval.

26. The Contractor shall submit to the VA a summary of the regulatory history of the contractor and any proposed subcontractors. This shall include evidence of historical compliance with state, Federal, and local regulations over the past five years, and shall include a full breakdown of any/all Notice of Violations (NOV’s) by the contractor and subcontractor(s). NOTE: ANY NOV’S THAT ARE NOT REPORTED IN THE TECHNICAL PROPOSAL AND

ARE LATER DISCOVERED BY INDEPENDENT REVIEW BY COTR OR CONTRACTING OFFICER WILL

RESULT IN IMMEDIATE DISQUALIFICATION FROM AWARD.

B. Insurance

1. For all additional insurance described in this section, the following shall apply:

a. Insurance coverage shall be in Contractor's name and shall name as additional insured’s The Department of

Veterans Affairs and employees.

b. The policy for such insurance shall be issued by a New York State admitted carrier with a current A.M. Best's rating of not less than A-VI.

c. If such coverage is written on a claims-made basis, Contractor warrants that any retroactive date applicable to such coverage under such policy precedes the effective date of this Contract and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of one (1) year beginning from the time that the Work is completed.

2. Contractor shall maintain in force for the full period of this Contract Contractor's Pollution Legal Liability

Insurance (Fixed Site Environmental Impairment Liability) covering losses caused by pollution conditions that arise from the operations of the Contractor pursuant to this Contract.

a. Such coverage shall apply to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured, cleanup costs and defense, including costs and expenses incurred in the investigation, defense or settlement of claims and shall include Operations and Haulage.

b. Such coverage shall be written in an amount not less than five million dollars ($5,000,000) per loss, with an annual aggregate of at least ten million dollars ($10,000,000).

3. Contractor shall maintain in force for the full period of this Contract Commercial Automobile with Pollution

Legal Liability Insurance. Such insurance shall include Transportation of Hazardous Waste Coverage.

a. Such insurance shall be in an amount not less than two million dollars ($2,000,000) per occurrence combined single limit with an annual aggregate of at least five million dollars ($5,000,000).

4. Contractor shall maintain in force for the full period of this Contract Excess Liability Insurance (Off-Site

Environmental Impairment Liability). Such insurance shall include the following provisions:

a. Such coverage shall apply to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured, cleanup costs and defense, including costs and expenses incurred in the investigation, defense or settlement of claims and shall include Operations and Haulage.

b. Such coverage shall be written in an amount not less than five million dollars ($5,000,000) per loss, with an annual aggregate of at least ten million dollars ($10,000,000).

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 YR __________________ __________________

Hazardous Waste Disposal Services

Contract Period: Base

POP Begin: 10-15-2018

POP End: 09-30-2019

See Price Schedule spreadsheet for individual price lines.

1001 1.00 YR __________________ __________________

Hazardous Waste Disposal Services

Contract Period: Option 1

POP Begin: 10-01-2019

POP End: 09-30-2020

2001 1.00 YR __________________ __________________

Contract Period: Option 2

POP Begin: 10-01-2020

POP End: 09-30-2021

3001 1.00 YR __________________ __________________

Contract Period: Option 3

POP Begin: 10-01-2021

POP End: 09-30-2022

4001 1.00 YR __________________ __________________

Contract Period: Option 4

POP Begin: 10-01-2022

POP End: 09-30-2023

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN

2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting

Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

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

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or

52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United

States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see

32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the

SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

https://www.acquisition.gov/

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or

“browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

MAY 2011

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.228-5 INSURANCE—WORK ON A GOVERNMENT JAN 1997

INSTALLATION

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In 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: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 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)

C.4 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 contract effective date through September 30, 2023.

(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.

(End of Clause)

C.5 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 $1,000.00, 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 $50,000.00;

(2) Any order for a combination of items in excess of $250,000.00; or

(3) A series of orders from the same ordering office within five 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 five 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.

(End of Clause)

C.6 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders…