36C24222Q0604_1.docx

36C24222Q0604

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.

UEI:

EFT:

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. SIGNAT

URE 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

561-22-2-5116-0038 36C24222Q0604 05-17-2022 Brooks Campbell, Janice

(908) 585-0381 05-27-2022

10:00AM

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 562112 $41.5 Million N/A X See Delivery Schedule

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Provide Hazardous Waste Removal and Emergency Removal Services at the New Jersey VA Health Care System.

This solicitation is in accordance with Federal Acquisition Regulation (FAR) Part 13.

Please review Statement of Work on page 4-16 The deadline for the submittal of all questions is May 23, 2022.

Contractors should pay close attention to Section: 52.212-1, 52.212-2 and Section D.1 and D.2 before submitting a quote.

See CONTINUATION Page X X X Janice Brooks Campbell Contracting Officer Table of Contents

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 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

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

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

HAZARDOUS WASTE REMOVAL AND EMERGENCY REMOVAL

AT THE NEW JERSEY VA HEALTH CARE SYSTEM

I. BACKGROUND: The VA New Jersey Health Care System (VANJHCS) needs to continue to establish a firm-fixed price service contract to provide Hazardous Waste Disposal Services within the participating East Orange and Lyons VA Medical Centers.

II. SCOPE: The Contractor shall provide all labor, supervision, materials, equipment, sanitized, disinfected, and labeled containers, transportation, facilities, supplies, and waste manifests. Contactor shall collect, analyze, prepare, package, label, remove, transport, store, treat and dispose of hazardous waste under the resulting contract in accordance with the terms and conditions, specifications and in accordance with the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), in accordance with all Federal {U.S. Environmental Protection Agency (EPA); U.S. Department of Transportation (DOT)}, State {New Jersey Department of Environmental Protection (DEP)}, and Local laws, policies and guidelines, and VA infectious medical waste requirement. The Contractor shall maintain all necessary hazardous waste permits and licenses for the disposal of and treatment of such waste. The Contractor shall also have an assigned US EPA authorization and identification number, necessary US DOT permits, and insurance prior to transport and/or disposal of subject waste. If contractor requires additional information, they may contact US EPA Region II Office. It is a must that the primary and subcontractor firms both must possess and present the NJ A-901 license.

III. APPLICABLE PUBLICATIONS: The contractor shall be responsible for complying with all publications, including but not limited to those identified below, in effect at the time of the proposal and all future updates:

· 29 CFR 1910 Occupational Safety and Health Standards;

· 40 CFR Subchapter C, Hazardous Materials Regulations, Part 171 through 179;

· 49 CFR Department of Transportation; and

· All applicable local codes, regulations, and standards for the state of New Jersey.

IV. SPECIFICATIONS: Contractor shall prepare a written profile and characterization of each waste stream per NJ DEP and US EPA regulations to determine whether the waste is considered a Resource Conservation and Recovery Act (RCRA) hazardous waste. Segregate the chemicals by compatibility and waste stream. Provide trained personnel and material to package small containers into a larger container with appropriate packing material (also known as lab packing). Complete all the necessary paperwork (provide returned copy of manifest Treatment, Storage and Disposal Facilities (TSDF) and transporter, returned copy of shipping document from recyclers, packing slips, waste characterization documentation, waste profiles, manifests, container labels, transport vehicle placarding, and Land Disposal Restriction Certification Forms (LDR’s). All manifests, waste determinations, waste generation data, shipping information and other data required for the proper execution of this contract will be maintained by the contractor in an electronic database format that is exportable through a Microsoft Excel or Microsoft Access format. All required paperwork including fully signed return copies of manifest shall be provided within 21 days of waste leaving the site. Exceptions to this must be approved by the COR.

V. PERIOD OF PERFORMANCE:

VI. LOCATIONS:

New Jersey Health Care VA Care Network New Jersey Health Care System 385 Tremont Avenue | East Orange, New Jersey 07018-1023 151 Knollcroft Road | Lyons, New Jersey 07939-5001

VII. CONTRACT COVERAGE: The contractor shall provide all equipment, labor, materials, supervision, equipment, and a Chemist, as necessary, to accomplish Hazardous Waste Removal on a quarterly basis and Emergency Response services for the VANJHCS as necessary in accordance with the information contained in this PWS. Remove and dispose of all items deemed to be hazardous waste at East Orange buildings 1 (Morgue), Hazardous Waste shed 11A and Lyons Hazardous Waste Garage behind building 11. Services shall fulfill the requirements of the US EPA and NJ DEP to establish an emergency response agreement with a vendor who holds appropriate licenses and permits for emergency response in the state of New Jersey and to provide appropriate emergency response to the VANJHCS (East Orange and Lyons) in two (2) hours or less. The below categories of waste are subject to this contract.

· Hazardous Waste: Any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat, or other means, if such a waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. Hazardous waste includes extremely hazardous material. This also includes all materials identified by the RCRA of 1976; Subtitle C, 40 CFR, Parts 260-265. Characteristic wastes are substances known and tested to have the following traits which deem them hazardous:

· Ignitability

· Reactivity

· Corrosivity

· Toxicity

· Extremely Hazardous Waste: This waste includes toxic corrosive acids, gases, chemicals, and solids which may be explosive, flammable or highly corrosive and could cause disease or serious injury to human health. This includes all materials also identified by the 1976 RCRA.

· Mixed Waste (Medical Waste and Hazardous Waste): Contaminated dressings, tissues, gloves, masks, hair covers, and other materials. This is hazardous waste and is subject to the regulations applicable to hazardous waste.

· Hazardous Materials: Items regulated under the standard of the products that will be stored for use and handling for the following and not unlimited:

· Acetylene

· Anhydrous Ammonia

· Compressed gases

· Explosive and blasting agents

· Flammable liquids

· Flammable materials used in spray finishing operations

· Hazardous waste and exposure to substances during hazardous waste operations and emergency response

· Highly hazardous chemicals

· Hydrogen

· Liquefied petroleum gases

· Liquids used in dipping and coating operations

· Nitrous Oxide

· Oxygen

· RCRA Subpart P: Subpart P regulations enacted by the EPA enforce stringent regulations on the disposal of RCRA hazardous pharmaceutical waste at healthcare facilities. Subpart P will reduce the risk caused by hazardous waste pharmaceuticals that enter the environment through flushing down the sink or toilet. The new RCRA Subpart P regulation allows VANJHCS to co-mingle the waste streams and helps to ensure compliance. The new rule streamlines past regulations governing these wastes, ensuring that larger quantities of hazardous pharmaceutical wastes are managed properly. This includes:

· Over-the-counter Drugs

· Prescription Drugs

· F-listed drugs are from nonspecific sources and are generated during manufacturing processes at a variety of facilities. Some of these substances, such as acetone, toluene, methanol, and xylene may be pertinent to healthcare facilities.

· K-listed drugs are from specific sources and are generated during facility manufacturing processes. There is an entire subsection here relating to veterinary pharmaceuticals manufacturing.

· P-listed drugs are acutely toxic unused pharmaceuticals, chemicals, and pesticides such as arsenic, arsenic trioxide, epinephrine, and cyanide salts.

· U-listed drugs are toxic unused pharmaceuticals, chemicals, and pesticides including acetone, acetyl chloride, and azaserine.

· Estimate of Waste Generated per category from VANJHCS:

Please see Attachment A, VANJHCS Hazardous Waste Disposal Services, for the last two years of hazardous wastes generated by VANJHCS.

East Orange:

Description

US EPA Code

Weight Estimate (pounds or gallons)

Lyons:

Description

US EPA Code

Weight Estimate (pounds or gallons)

*The estimates of Hazardous Waste Pharmaceuticals include three pickups at the East Orange Campus of 50 bins for each pickup and 1 pickup at Lyons for 25 bins.

The following categories of waste are not subject to this contract:

· General Waste: Waste (non-infectious, non-hazardous) which is considered not to harbor any viable pathogens nor hazardous materials. This waste may be placed into clear plastic liners and can be disposed of in landfills or incinerated; Includes medical waste that is rendered non-factious by autoclaving or using Liquid Treatment System (LTS).

· Medical Waste: Medical waste means waste which meets both of the following requirements:

· Composed of waste which is generated or produced as a result of: (1) diagnosis, treatment, or immunization of human beings; (2) generating or testing of biological.

· The waste is any of the following: bio-hazardous waste, sharps-waste. Mixed Waste: Mixtures of medical and non-medical waste. Mixed waste is medical waste, except for all of the following:

· Medical waste and radioactive waste are subject to regulations applicable to radioactive

VIII. DISPOSAL AND SANITATION REQUIREMENTS:

· Contractor shall use their environmentally sound methods of treating and destruction of wastes such as incineration and recycling or any other acceptable methods, in accordance with the US EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. The pick-up area where containers are placed shall be maintained in a clean, orderly, sanitary condition. Particular attention shall be paid to the prompt cleanup of oil and/or grease spills, either generated from the vehicles used to haul containers or because of container leakage. Contractor furnished containers shall be kept neat, in clean and sanitary appearances, and repaired or replaced as necessary.

· Contractors should refer to the participating VA Healthcare System preferred disposal hierarchy when determining disposition of waste. This hierarchy consists of a) recycling, b) fuel blending/ energy recovery, c) incineration (Part B permitted incinerators), or d) treatment (neutralization, stabilization) and/or landfill. A detailed description of the VA Healthcare System disposal hierarchy is available from the Contracting Officer’s Representative (COR).

· Contractor shall comply with all applicable federal, state, county regulations on workers’ safety standards and related training. All Contractor personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill. Certification of such training must be provided within fifteen (15) days of receiving notice of award of the contract. Certification for any new employees shall be provided to the Contracting Officer within thirty (30) days of receipt of the training.

IX. SAFETY REQUIREMENTS: The contractor shall exercise safety precautions, as deemed necessary by the Contracting Officer or his/her designee during the performance of the contract, in order to protect lives and health. The Contracting Officer/designee will notify the Contractor of any noncompliance with the foregoing provisions and advice the contractor of the action to be taken. After receipt of such notice, the Contractor shall immediately initiate corrective action. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue a stop- work order for all or any part of the work and hold the Contractor in default as provided elsewhere in this contract.

X. NORMAL WORK HOURS: This contract is a full-service contract to include all necessary service calls, five (5) days per week, eight (8) hours per day, between the hours of 7:00 a.m. to 4:30 p.m. (except for spill response, see Spill Response under Contractor Performance), Monday through Friday, National Holidays excluded. Any service or repair performed outside of normal working hours shall be approved in advance by the COR at a price agreed to by the Contractor and Contracting Officer. If appropriate, the Contracting Officer may authorize additional services under a separate purchase order.

· NATIONAL HOLIDAYS OBSERVED BY THE GOVERNMENT:

· If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also included would be any day specifically declared by the President of the United States.

XI. GOVERNMENT FURNISHED PROPERTY AND SERVICES: The Government will provide the following property and services in connection with the Contractor performance.

· Storage Areas: The VANJHCS campuses can consolidate their own waste stream and use the Contractor provided packaging or consolidate the waste if it complies with the US DOT and other regulations.

· Pick-Up Schedule: The Contractor shall meet the pick-up schedule specified by each participating VANJHCS campus (schedule will be provided upon award of contract). Depending on the type of waste, pick-up schedule might vary. On a as needed basis the response time for removal will range from 4 hours to five (5) calendar days.

· Unscheduled Collection: The COR may require the Contractor to make unscheduled collections or disposals for special events or other occasions. The contractor shall respond within 24 hours of the event. Unscheduled services shall be ordered and billed in accordance with the unit pricing limits established at the time this contract is signed.

· Forms: The Government personnel will sign and fill in appropriate information on Contractor provided Waste Analysis Form.

XII. CONTRACTOR PERFORMANCE:

· Work Practices and Standards: The Contractor shall have established standard operating procedures that will be followed while conducting normal hazardous waste management activities. This includes site safety and contingency procedures, strike contingency plan, operational procedures, site management structure, supplies, equipment practices, material sampling procedures, hazard assessment and categorization procedures, packing procedures, quality assurance procedures, procedures for gaining waste acceptance into a VANJHCS campus and project management procedures.

· Characterization of Waste: The Contractor shall provide documentation that it has characterized the hazardous nature of all wastes produced by all equipment, devices, reagents, and discharges in accordance with the requirements of the Code of Federal Regulations Title 40 “Protection of the Environment” Part 261 et seq. and applicable state and local requirements. Documentation shall include a description of the characteristics of the hazardous waste produced as a byproduct of the instrument operations, Safety Data Sheets (SDS) meeting the requirements of the Occupational Safety and Health Administration (OSHA) and US EPA, the analytical process used to determine the hazardous nature and characteristics of the waste, and the analytical test results. Testing of hazardous waste is to be done in accordance with testing protocol specified for each individual waste as described in the Code of Federal Regulations Title 40 to decide if the waste is a hazardous waste or otherwise regulated. The determination and description shall address the following: {The primary and subcontractor firms both must possess and present the NJ A-901 license.}

· Waste toxicity (Reference 40CFR261.11 and 40CFR261.24)

· Waste ignitability (Reference 40CFR261.21)

· Waste corrosivity (Reference 40CFR261.22)

· Waste reactivity (Reference 40CFR261.23)

· Hazardous waste from non-specific sources (F-listed) (Reference 40CFR261.31)

· Discarded commercial products (acutely toxic or P-listed and toxic or U-listed) (Reference 40CFR261.33)

· Solid Waste (Reference 40 CFR 261.2)

· Exclusions (Reference 40 CFR 261.4)

· Hazardous Pharmaceutical Waste (Reference RCRA Subpart P)

Periodically (estimated twice annually), the facility will require analysis for unknow liquids. The contractor shall be responsible for providing analytical testing of an unknown liquid twice annually to determine the proper disposal and characterization of the waste.

· Quality Assurance: The Contractor shall develop and maintain a quality program to ensure refuse and recycling services are performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the Contractor shall develop quality control procedures addressing the areas identified in the next sub-bullet.

· The government will periodically evaluate the contractor performance by appointing a representative(s) to monitor performance to ensure services are received. The government may inspect each task as satisfactory or unsatisfactory.

· Handling: Appropriate handling of waste is essential for the safety of Government and Contractor’s employees and cost containment. The contractor shall provide the employees training to ensure that established policies and procedures for Hazardous Waste are followed. Contractor’s employees providing site services shall be certified in 40-hour HAZWOPER training and wear appropriate protective equipment when handling hazardous waste. {The primary and subcontractor firms both must possess and present the NJ A-901 license.}

· Waste Containers: The contractor shall provide all appropriate collection containers at no cost to the government. Waste Containers, Identifying Labels, and Markings shall meet applicable safety codes and regulatory requirements. The contractor shall maintain all containers and government facilities ensuring they are free of unpleasant odors, dirt, debris, and pests. Cleaning and decontamination of containers shall not be performed on Government property. Contractor shall provide manufacturer’s specification and descriptive literature for approval. Waste containers shall be US EPA and US DOT approved.

· Training: The contract will include annual training for all employees who handle hazardous and/or universal waste, at least once per year, designated by the COR. The hazardous waste training program will provide training to employees who generate hazardous waste management responsibilities. Training will incorporate RCRA, state specific regulations and include storage, documentation, records management, safety data sheets, emergency responsibilities, and other pertinent topics. The training will include US DOT hazardous materials training that meets the requirements of 49 CFR 172.704.

· The Contractor will partner with the COR to develop medical center specific training to Nursing, Pharmacy, and Research staff on the collection and accumulation of hazardous and universal waste. This training will be conducted in a train-the-trainer style by the contractor.

· The contractor shall provide their technical expertise on topics related to US EPA, US DOT, New Jersey specific RCRA and other environmental regulations.

· Training will be conducted once a year to include RCRA Training, RCRA Refresher Training, and DOT Training.

· Reports/Tracking Documents:

· Tracking Documents: The contractor shall maintain service records and submit them to the (COR) after each service. At a minimum the documents shall include the following information:

· Types and quantities of treated and disposed waste

· Methods of treatment and disposal

· Location of licensed treatment and disposal facilities

· Certification that hazardous waste has been packaged, collected, transported, handled, treated, and disposed of in compliance with regulatory agencies, laws, directives and ordinances

· Original Uniform Hazardous Waste Manifest shall be submitted to the COR at the time of each pick-up.

· Spill Report: When waste is spilled by the contractor at any pickup or storage location or during transport, the contractor shall submit a Spill Report identifying the spills. Such incidents shall be reported to the COR immediately, by telephone and in writing no later than seven (7) workdays after leaving the site. The Spill Report shall list at a minimum the type of spill, amount of waste, and personnel exposed to the spilled waste.

· The Contractor shall provide certification that the spill was removed, including a statement concerning the effect on any employees, and a description of the cause and corrective measure instituted by Contractor to ensure spills do not occur again. The Contractor is responsible for cleaning up spills that are caused by contractor employees.

· Subcontractors: The Government must approve all subcontractors prior to contract award. Offerors shall identify all services to be performed by subcontractors. 50% performance is required from the Prime and as required by subcontracting clause 52.219-14. {The primary and subcontractor firms both must possess and present the NJ A-901 license.}

· Transportation: Hazardous waste shall be transported on the public highways by US EPA approved (with US DOT implications) licensed haulers to an approved disposal site. All Contractor vehicles used to transport hazardous waste must be currently licensed, permitted or otherwise registered in accordance with all applicable Federal, State, and Local laws. License number must be posted on the exterior of the vehicle. Each truck or van transporting hazardous waste must have an emergency spill clean-up plan and basic cleanup equipment on board. {The primary and subcontractor firms both must possess and present the NJ A-901 license.}

· Method of Disposal: Waste generated by each VANJHCS campus and approved for transport to storage stations shall not be commingled in the same shipping container with wastes from other VA Healthcare System or any other generator, unless allowed by law. Disposal method shall be by recycle, incineration, treatment or land burial, whichever is appropriate and in compliance with Federal, State, and Local disposal regulations. The Contractor shall use a treatment, storage, or disposal facility that has a valid permit to manage hazardous waste. The Government must approve all disposal facilities used by the Contractor. {The primary and subcontractor firms both must possess and present the NJ A-901 license.}

· Spill Response: The Contractor will provide spill response/clean-up as required by the Government. The Government will provide the Contractor with the location, size, name of chemical or material involved, proximity of sewers and urgency and any governmental agencies called. The Contractor has four (4) hours to be on site after the phone call has been placed. The Contractor shall provide appropriate personnel and equipment to mitigate and remove released hazardous materials. Coverage will be on a 24-hour, 7 day a week basis.

· The contractor will provide their spill procedures for integration into facility level Spill Prevention, Control, and Countermeasure (SPCC) or contingency plans. The contractor will provide their billing procedure that would be used for spill and emergency response activity.

XIII. QUARTERLY REPORT OF PICKUPS: The Contractor shall provide the Contracting Officer A Quarterly Pickup Report within 15 calendar days after the close of each quarter’s business ending in March, June, September, and December. Report shall reflect dates, volume, and weight of hazardous waste removed and disposed for each VANJHCS campus. Copies of this report shall be available to the COR of each campus.

XIV. IDENTIFICATION BADGE/UNIFORM: Contractor personnel are required to wear ID badges during the entire time they are on VANJHCS campuses. ID Badges must have an identification picture and state the name of the individual and company represented. Contractor personnel shall contact the COR at each campus for procedures specific to that site.

· The Contractor shall be responsible for the administration and management of all aspects of this contract. This includes responsibility for all Contractor employees, subcontracts, agents, and anyone acting for or on behalf of the Contractor.

· The government is authorized to restrict the employment under the contract of any Contractor employee or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

· Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while on the installation in conjunction with this contract. This shall be accomplished through the wear of distinctive clothing, overcoats, rain gear, or hats, bearing the company name or logo. The coloring or design of the items selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection.

· Contractor’s personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

XV. PRIVACY AND SECURITY:

· Contractors do not need and shall not be allowed access to any VANJHCS personnel or VANJHCS patients Personal Health Information (PHI) or Personally Identifiable Information (PII) in the performance of the requirements of this SOW. Additionally, the contractor does not need and shall not be allowed access to VANJHCS sensitive information in the performance of the requirements of this SOW.

· The contractor shall not connect contractor-owned IT devices (laptop computer or remote connection fro]m a contractor system) to a VA internal trusted (i.e., non-public) network. Computer certification and accreditation requirements do not apply, and a security accreditation package is not required.

· Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA and VANJHCS Directives and Handbooks as VANJHCS personnel regarding information and information system security.

XVI. PARKING: Park only in areas designated by the COR or otherwise directed by VANJHCS Police and Security Service Personnel. The Contractor shall display on each of its vehicles the company name in a manner and size that is clearly visible. The Contractor shall conform to the posted speed limits and parking restrictions set at each VANJHCS campus.

XVII. WORK INJURIES: The VANJHCS’ Emergency Room is available for emergency treatment of job-site injuries. If any employee is injured, the person may be taken directly to the Emergency Room, but the COR must be notified by the end of the following weekday and an injury report must be filed with the VA Police. Care will be rendered at the rates established by local procedures.

XVIII. INDEMNIFICATION: It is expressly agreed and understood by the Contractor and the VANJHCS that the Contractor agrees to indemnify the VANJHCS against all liabilities, claims, penalties incident to death, bodily injuries, destruction or damage to property, contamination of adverse effects on the environment or any violation of government laws, regulations or orders, caused in whole or part by the Contractor’s breach of any term of this agreement or any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract.

XIX. AUTHORIZED SERVICES: Only those services specified herein are authorized under this contract. Prior to performing any service or repair on a non-contract nature, the Contracting Officer and the COR must be advised of the reasons for this additional work. The Contracting Officer or his/her designee in consultation with the COR may authorize the additional services or repairs under a separate purchase authorization. Reimbursement will not be made unless prior authorization is obtained.

XX. SMOKING POLICY: VANJHCS prohibits smoking, vaping, and other forms of tobacco use at all its facilities across New Jersey to better treat and protect patients.

XXI. SAFETY DATA SHEETS (SDS): The Contractor shall provide their employees with immediate access to SDS for all hazardous substances.

XXII. CONTRACTORS EQUIPMENT: Contractor’s truck should be equipped with a hydraulic lift. Contractor shall carry a minimum of two 55-gallon Steel Drums (open type) and two Polyurethane drums when providing hazardous waste transport for disposal. Each vehicle will have sufficient spill containment materials to respond to emergencies resulting from loss of containment, chemical reaction, or other hazardous conditions.

XXIII. CONTRACTOR EMPLOYEES:

· The Contractor is responsible for providing fully knowledgeable, trained technicians that are competent to meet the contract requirements.

· The Contractor or its employees are responsible for their proper protection during bulking process. Attire and Personal Protective Equipment (PPE), including respirators has to be appropriate for the hazardous condition of lab- packing, lifting, carrying, pouring, blending, moving and loading hazardous and toxic substances in limited space. Contractor employees should be enrolled in a Medical Surveillance Program that meets the standards of 29 CFR 1910 at the expense of the Contractor. Contractor furnishes and ensures good condition of all PPE for Contractor employees.

XXIV. CONTRACTORS DISPOSAL LOCATIONS: Contractor shall provide the COR with a list of disposal facilities that will be used in conjunction with this contract. This list must include the name of the company, address, city, and state, zip code, telephone number, EPA ID number, and disposal methods.

XXV. PENALITIES AND FINES: The Contractor shall satisfy all applicable environmental and transportation regulatory agencies’ requirements. In the event a regulatory agency assesses a monetary fine against the Government for violations caused by the Contractor, the contractor shall reimburse the Government for the amount of the fine.

XXVI. HAZARDOUS WASTE ANALYSIS: Sampling and laboratory analytical services shall be provided as necessary to support operating and disposal requirements. Unless otherwise directed, all sampling and laboratory analysis shall be accomplished as described in the latest edition of Standard Methods for the Examination of Water and Wastewater, American Public Health Association, or in accordance with other regulatory agency, Accountable Care Organizations (ACO) approved methods. The Government reserves the right to collect waste samples to perform tests and/or have the right to the tests performed by another laboratory to verify the Contractor's performance.

· Set prices, at a minimum, shall be established for the Toxicity Characteristic Leaching Procedure (TCLP) for the following eight toxic metals:

· Arsenic

· Barium

· Cadmium

· Chromium

· Lead

· Mercury

· Selenium

· Silver

· Yearly prices should be established for the TCLP 32 organic compounds.

· Volatile Organics

· Benzene

· Carbon Tetrachloride

· Chlorobenzene

· Chloroform

· 1,4-Dichlorobenzene

· 1,2-Dichloroethane

· 1,1-Dichloroethylene

· Methyl Ethyl Ketone

· Tetrachloroethylene

· Trichloroethylene

· Vinyl Chloride

· Semi-Volatile Organics

· o-Cresol

· m-Cresol

· p-Cresol

· Cresol

· 2,4-Dinitrotoluene

· Hexachlorobenzene

· Hexachlorobutadiene

· Hexachloroethane

· Nitrobenzene

· Pentachlorophenol

· Pyridine

· 2,4,5-Trichlorophenol

· 2,4,6-Trichlorophenol

· Organochlorine Pesticides Page 1 of

· Chlordane

· Endrin

· Heptachlor (and its Epoxide)

· Lindane

· Methoxychlor

· Toxaphene

· Chlorophenoxy Acid Herbicides Page 1 of

· 2,4-D

· 2,4,5-TP (Silvex)

XXVII. FIRE ALARM TRIP CHARGE: If Contractor triggers a fire alarm due to negligence, inattention, or failure to properly coordinate and request system shutdown, the Contractor will be charged for actual costs incurred for Government personnel responding to the alarm. The Contractor will be liable for losses associated with disruption of facility operations. In addition, the Contractor will reimburse the Government for any fines and other costs imposed by Government, external agency, Fire Department, City, County, or State.

XXVIII. LIABILITY 28.307-2:

· Workers’ compensation and employer’s 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 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

· General liability:

· The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

· Property damage liability insurance shall be required only in special circumstances as determined by the agency.

· Automobile liability: The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE EAST ORANGE CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

Contract Period: Base POP Begin: 06-01-2022 POP End: 05-31-2023

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE LYONS CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

SERVICE TO PROVIDE APPROPRIATE, TRAINED SUPERVISION AND MANPOWER AS WELL AS EQUIPMENT AND MATERIALS TO CONTAIN AND REMEDY DAMAGES FROM A HAZARDOUS MATERIAL OR PETROLEUM INCIDENT IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK (SOW) AT THE VANJHCS EAST ORANGE AND LYONS CAMPUSES.

ANNUAL TRAINING

One training session will be provided over one day annually.

Contract Period: Base

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE EAST ORANGE CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

Contract Period: Option 1 POP Begin: 06-01-2023 POP End: 05-31-2024

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE LYONS CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

SERVICE TO PROVIDE APPROPRIATE, TRAINED SUPERVISION AND MANPOWER AS WELL AS EQUIPMENT AND MATERIALS TO CONTAIN AND REMEDY DAMAGES FROM A HAZARDOUS MATERIAL OR PETROLEUM INCIDENT IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK (SOW) AT THE VANJHCS EAST ORANGE AND LYONS CAMPUSES.

ANNUAL TRAINING

Contract Period: Option 1

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE EAST ORANGE CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

Contract Period: Option 2 POP Begin: 06-01-2024 POP End: 05-31-2025

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE LYONS CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

SERVICE TO PROVIDE APPROPRIATE, TRAINED SUPERVISION AND MANPOWER AS WELL AS EQUIPMENT AND MATERIALS TO CONTAIN AND REMEDY DAMAGES FROM A HAZARDOUS MATERIAL OR PETROLEUM INCIDENT IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK (SOW) AT THE VANJHCS EAST ORANGE AND LYONS CAMPUSES.

ANNUAL TRAINING

Contract Period: Option 2

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE EAST ORANGE CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

Contract Period: Option 3 POP Begin: 06-01-2025 POP End: 05-31-2026

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE LYONS CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

SERVICE TO PROVIDE APPROPRIATE, TRAINED SUPERVISION AND MANPOWER AS WELL AS EQUIPMENT AND MATERIALS TO CONTAIN AND REMEDY DAMAGES FROM A HAZARDOUS MATERIAL OR PETROLEUM INCIDENT IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK (SOW) AT THE VANJHCS EAST ORANGE AND LYONS CAMPUSES.

ANNUAL TRAINING

Contract Period: Option 3

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE EAST ORANGE CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

Contract Period: Option 4 POP Begin: 06-01-2026 POP End: 05-31-2027

VENDOR TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND A CHEMIST WHEN NECESSARY FOR HAZARDOUS WASTE PROFILES, PICK-UPS AND DISPOSAL SERVICES AT THE LYONS CAMPUS OF THE VANJHCS IN ACCORDANCE WITH ATTACHED SCOPE OF WORK.

SERVICE TO PROVIDE APPROPRIATE, TRAINED SUPERVISION AND MANPOWER AS WELL AS EQUIPMENT AND MATERIALS TO CONTAIN AND REMEDY DAMAGES FROM A HAZARDOUS MATERIAL OR PETROLEUM INCIDENT IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK (SOW) AT THE VANJHCS EAST ORANGE AND LYONS CAMPUSES.

ANNUAL TRAINING

Contract Period: Option 4

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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.