36C25021Q0028.docx

36C25021Q0028

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

553-21-1-3047-0002 36C25021Q0028 10-13-2020 Kelly Poole 734-222-6177 11-12-2020 14:30 36C250 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 X X Y 562211 $41.5 Million N/A X Department of Veterans Affair John D. Dingell VA Medical Center 4646 John R. St.

Detroit MI 48201 Department of Veterans Affairs Network 10 Contracting Office John D. Dingell Medical Center 4646 John R. Street Detroit MI 48201

Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page The contractor shall provide industrial waste removal services for the John D. Dingell VA Medical Center, Detroit, MI, in accordance with the Statement of Work, contract clauses and solicitation provisions contained herein.

All questions and requests for information shall be emailed to Kelly.Poole@va.gov by October 21, 2020 at 12:00pm.

Email bids to Kelly.Poole@va.gov by November 12, 2020 at 2:30pm Eastern.

This solicitation includes FAR 52.222-41, which describes Contract requirements under the Service Contract Labor And Standards Act. Offerors are responsible for complying with With the attached wage determination and determining the Appropriate classification to apply to its workforce.

See CONTINUATION Page X X Kelly Poole 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 36C250 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

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:

Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C25021Q0028

Page 1 of Page 1 of

B.2 PRICE/COST SCHEDULE

The Contractor shall provide Industrial Waste Removal for the John D. Dingell VA Medical Center, Detroit in strict accordance with the Statement of Work as well as all contract clauses.

QUANTITIES ARE ESTIMATES ONLY. The total minimum quantity, or guaranteed minimum, for the contract is 1 unit per line item over the life of the contract. The maximum total quantity to be ordered under the contract shall not exceed double the estimated quantities in the schedule.

BASE YEAR: (January 1, 2021 – December 31, 2021)

ITEM

NO.

QTY.

1.

Pick-up and transportation of industrial waste for disposal

Trip

2.

fiberboard containers accommodating four (4) foot linear bulbs

EA

14.

Disposal of Used Cepheid Cartridges (D002, infectious) Mixed infectious hazardous waste

30 gallon drum

12 gallon drum

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

29.

Disposal of Compact Fluorescent lamps (universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

For recycling

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

Per hour rate to include:

· Perform on-site inventory of generated waste

· Obtain and provide electronic SDS, other technical data

· Conducting field test as necessary

· Consolidating, packaging, labeling and marking containers

· Completing Attachment #2

BASE YEAR TOTAL = $______________

OPTION YEAR 1: (January 1, 2022 – December 31, 2022)

ITEM

NO.

QTY.

46.

Pick-up and transportation of industrial waste for disposal

47.

fiberboard containers accommodating four (4) foot linear bulbs

59.

Disposal of Used Cepheid Cartridges (D002, infectious) Mixed infectious hazardous waste

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

74.

Disposal of Compact Fluorescent lamps (universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

For recycling

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

Per hour rate to include:

· Perform on-site inventory of generated waste

· Obtain and provide electronic SDS, other technical data

· Conducting field test as necessary

· Consolidating, packaging, labeling and marking containers

· Completing Attachment #2

OPTION YEAR 1 TOTAL = $______________

OPTION YEAR 2: (January 1, 2023– December 31, 2023)

ITEM

NO.

QTY.

91.

Pick-up and transportation of industrial waste for disposal

92.

fiberboard containers accommodating four (4) foot linear bulbs

104.

Disposal of Used Cepheid Cartridges (D002, infectious) Mixed infectious hazardous waste

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

119.

Disposal of Compact Fluorescent lamps (universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

For recycling

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

Per hour rate to include:

· Perform on-site inventory of generated waste

· Obtain and provide electronic SDS, other technical data

· Conducting field test as necessary

· Consolidating, packaging, labeling and marking containers

· Completing Attachment #2

OPTION YEAR 2 TOTAL = $______________

OPTION YEAR 3: (January 1, 2024 – December 31, 2024)

ITEM

NO.

QTY.

136.

Pick-up and transportation of industrial waste for disposal

137.

fiberboard containers accommodating four (4) foot linear bulbs

149.

Disposal of Used Cepheid Cartridges (D002, infectious) Mixed infectious hazardous waste

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

164.

Disposal of Compact Fluorescent lamps (universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

For recycling

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

Per hour rate to include:

· Perform on-site inventory of generated waste

· Obtain and provide electronic SDS, other technical data

· Conducting field test as necessary

· Consolidating, packaging, labeling and marking containers

· Completing Attachment #2

OPTION YEAR 3 TOTAL = $______________

OPTION YEAR 4: (January 1, 2025 – December 31, 2025)

ITEM

NO.

QTY.

181.

Pick-up and transportation of industrial waste for disposal

182.

fiberboard containers accommodating four (4) foot linear bulbs

194.

Disposal of Used Cepheid Cartridges (D002, infectious) Mixed infectious hazardous waste

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

209.

Disposal of Compact Fluorescent lamps (universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

For recycling

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

(universal waste)

Per hour rate to include:

· Perform on-site inventory of generated waste

· Obtain and provide electronic SDS, other technical data

· Conducting field test as necessary

· Consolidating, packaging, labeling and marking containers

· Completing Attachment #2

OPTION YEAR 4 TOTAL = $______________

BASE PLUS 4 OPTION YEAR GRAND TOTAL = $ _____________

36C25021Q0028

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B.3 STATEMENT OF WORK

1. OVERVIEW

The John D. Dingell Veterans Affairs Medical Center (JDDVAMC), 4646 John R, Detroit, MI. 48201 has a requirement for an Industrial Services Contractor to perform industrial waste removal including waste determination, waste preparation, waste transportation to a waste destination facility as well as recycling, treatment and disposal or destruction of industrial waste. The JDDVAMC’s Industrial Waste includes hazardous waste, non-hazardous waste, liquid industrial waste and recyclables.

The contractor shall provide a “turnkey operation” by performing all industrial waste services necessary to execute this contract including:

- Operational personnel;

- Labor;

- Equipment;

- Packaging, including completing and affixing labels and markings to containers;

- Transportation;

- Recycling, treatment, or disposal; and

- Reporting.

The Contractor shall provide all materials, labor, and equipment necessary for moving industrial waste from storage areas to the designated loading and departure point. Use of government equipment or personnel for this activity is strictly prohibited. The Contractor understands that any offers by Government personnel to use Government equipment for industrial services, including loading or packaging is unauthorized, and the Contractor shall not accept such offers.

The Contractor shall comply with all federal, state and local municipal regulations regarding the handling of hazardous waste including:

- Title 40 Code of Federal Regulations Protection of Environment;

- Title 49 Code of Federal Regulations Transportation;

- Title 29 Code of Federal Regulations Labor; and

- Michigan Public Act 451 of 1994 as amended Natural Resource and Environmental Protection.

No less than once every six (6) weeks the contractor shall come on-site to the JDDVAMC to perform routine, non-emergency industrial waste services. Within ten (10) days of the start of the base year and each option year of the contract, the contractor and the Contracting Officer’s Representative (COR) shall schedule mutually agreeable specific days for all routine on-site visit for the year. Said visits shall occur on either a Tuesday or a Thursday. During these visits the contractor’s transport vehicle shall be parked at the JDDVAMC warehouse dock only during loading activities. All other contractor vehicles must park in the JDDVAMC parking deck and pay the standard parking fee or find other offsite parking.

The contractor shall observe the following hours of work for pick-up of wastes (excluding emergency pickup): begin no earlier than 9:00 am and no later than 12:00 pm; and shall complete the work and be off siteno later than 4:30 pm.

The ten (10) holidays observed by the Federal Government are: New Year's Day, Martin Luther King Junior's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Also, any other day specifically declared by the President of the United States to be a national holiday.

The contractor shall ensure all personnel involved in conducting waste determinations, handling, packaging, labeling, marking, and transporting industrial waste shall be trained at the applicable level of expertise such as 40 Hour HAZWOPER Training, DOT Hazardous Material Transportation training, and industrial accreditations including Certified Hazardous Material Manager or Registered Environmental Manager as required for proper performance of any assigned task. The Contractor shall train personnel in the areas of chemical incompatibility, general first aid procedures and release response.

The JDDVAMC reserves the right to inspect contractor facilities before approving their use or at any time during or after contract period while JDDVAMC wastes are present.

The contractor shall maintain a satisfactory rating at the US Department of Transportation’s (website TBD) at all time during this contract.

2. TASKS

A. The Contractor shall manage the JDDVAMC’s industrial waste according to the following methods listed below in descending order of priority:

a.1.1. Reclamation or recycling for future use as allowed under federal, state and local regulation;

a.1.2. Treatment at a state or federally permitted facility;

a.1.3. Management of Michigan Liquid Industrial Waste at a local or state permitted facility; and a.1.4. Long-term landfill burial internment in a state or federally permitted facility.

B. The contractor shall manage the following industrial wastes accordingly unless prior written approval is provided by the COR:

b.1.1. Batteries; lamps; circuit boards; consumer electronics; and used oil shall be recycled;

b.1.2. All pharmaceutical waste shall be considered a universal waste therefore pharmaceutical waste shall be accepted by a licensed designated facility located in Michigan; and b.1.3. Shipments of any waste or recyclable outside of the United States of America are strictly prohibited.

C. The contractor shall utilize a designated Transportation, Storage and Disposal Facility (TSDF) located within Michigan and prior to using said facility, shall provide to the COR a copy of the designated facility’s operating license.

D. Within two (2) days of receiving a request for containers from the COR or their designee, the contractor shall provide the type and quantity of containers requested pursuant to the limits specified in the Schedule of Supplies/Services. The containers provided by the contractor shall also meet the following requirements:

d.1.1. DOT Hazardous Materials packaging requirements;

d.1.2. containers that are clean for direct use within hospital areas, i.e. will not have dust, residue, rust, or any other condition indicating the container is not clean;

d.1.3. containers that are inspected upon delivery by the COR who shall have the right to reject any containers deemed unsatisfactory/not clean;

E. The contractor shall ensure the transport vehicle used during each visit to the JDDVAMC contains the latest copy of the Emergency Response Guidebook which will be used to satisfy 49 CFR 172.600 Subpart G Emergency Response.

F. The contractor shall provide and display all placards required pursuant to 49 CFR 172.500 Subpart F, Placarding.

G. The contractor shall accommodate all JDDVAMC emergency requests for collection of industrial waste within two (2) workdays from receiving the request from the COR or their designee.

H. The contractor shall provide lab pack services to the JDDVAMC on an as needed basis. Prior to removal of the lab pack items from the JDDVAMC, the contractor shall complete and provide to the COR Attachment #1 of this document. Additionally, within ten (10) days of receiving the JDDVAMC’s request for lab pack services, the Contractor shall provide a price quote for the disposal of the waste listed in Attachment #1.

h.1.1. When information is not available but needed to document waste determination and disposal requirements for lab pack items the Contractor shall conduct field testing.

h.1.1.1. Field testing may include Acid/Base pH, Oxidizer Risk, and Organic Solvent/Petroleum Distillate Risk.

h.1.1.2. Tests performed with associated results shall be documented on Attachment #1.

h.1.1.3. If waste requires analytical testing beyond the above field testing parameters, the Contractor shall inform the COR. The COR will manage the additional laboratory testing requirements outside of this contract;

h.1.2. The contractor shall obtain and provide to the COR the information used to properly and accurately perform lab pack waste determination in accordance with Federal State and Local regulations. Information shall include safety data sheets, technical data sheets and analytical data. The Contractor shall determine and indicate the waste code(s); and h.1.3. The contractor shall indicate the Lab Pack Container Number that will correlate to the DOT shipping paper. The contractor shall package lab pack waste containers in accordance with 49 CFR 173.12 Exceptions for shipment of Waste Materials. The COR will provide an area where the contractor shall segregate containers for future packaging purposes at the start of the service task

I. At least 15 days prior to a scheduled routine transportation of the JDDVAMC’s industrial waste, the COR will provide the Contractor Attachment #2 of this document with the first two columns completed, i.e. anticipated volume, waste description or common name. At least ten (10) days prior to the routine transportation of the JDDVAMC’s industrial waste, the Contractor shall complete and return Attachment #2 to the COR.

i.1. Should the JDDVAMC identify additional waste requiring disposal after the COR’s initial disposal request, it shall be the contractor’s discretion regarding whether the additional waste may be included on the forthcoming service task, i.e. designated facility acceptable, enough room on truck, contractor has labels, markings, placards readily available.

J. The Contractor shall provide a job sheet to the COR at the end of each day the Contractor is working on-site. The job sheet shall include:

J.1.1. Time arrived on-site J.1.2. Time leaving site (COR may estimate time leaving site at the time of DOT shipping paper certification) J.1.3. Name(s) of staff member(s) and their title(s) who are completing service task;

J.1.4. Inventory of items delivered; and J.1.5. Inventory of items to leave the facility if not already denoted on the DOT shipping paper.

K. Prior to loading industrial waste onto a transport vehicle the Contactor shall:

k.1.1. Affix required labels and markings to each shipping container;

k.1.2. Weigh each container and indicate the actual weight on Attachment #2 to the nearest half lb.;

k.1.3. Allow the COR the opportunity to inspect the containers for regulatory compliance. Any issues or concerns noted by the COR shall be addressed and corrected by the contractor prior to transport vehicle loading. Transport vehicle loading shall not take place until the COR or their designee authorizes the contractor to proceed with loading the transport vehicle.

L. After loading the transport vehicle the Contractor shall:

l.1.1. Complete the DOT shipping papers including denoting on the shipping paper the number and size of each container, i.e. 6 x DM55; 2 x DM30, designated facility approval number, and emergency response guidebook number. When using US EPA Uniform Hazardous Waste Manifest, the Contractor shall document the above in Section 14, Special Handling Instructions and Additional Information.

l.1.2. ensure legible driver’s signature on DOT shipping papers;

l.1.3. Provide completed DOT shipping papers to the COR or his/her designee for JDDVAMC certification; (any issues or concerns noted by the COR shall be addressed and corrected by the contractor prior to document certification. The contractor shall not transport wastes off the JDDVAMC property without COR concurrence); and l.1.4. Provide any other documents related to the service task, i.e. land disposal restriction form, final completed Attachment #2, profiles.

l.1.5. After the COR certifies the DOT shipping papers, the contractor shall l.1.6. Provide to the COR the ‘generator’s initial copy’ of the US EPA Uniform Hazardous Waste Manifest shipping paper, if applicable;

l.1.7. Affix required placards to the transport vehicle; and l.1.8. Allow the COR the opportunity to inspect the placards for compliance. Any issues or concerns noted by the COR shall be addressed and corrected by the contractor prior to the transport vehicle leaving the JDDVAMC property.

M. The Contractor shall provide to the COR the ‘designated facility to generator’ copy of US EPA Uniform Hazardous Waste Manifest, when applicable, within 35 calendar days of the initial transportation date, i.e. line item #17 on manifest.

N. The Government will not authorize payment until such time that the COR receives a properly prepared invoice and the ‘designated facility to generator’ copy of US EPA Uniform Hazardous Waste Manifest.

O. The Contractor shall obtain and maintain all necessary documentation to prove that the industrial waste service was accomplished in accordance with applicable federal, state and local regulations and deliver within five (5) business days of the Government’s request, copies of said documentation to the JDDVAMC for inspection.

3. CONTRACTOR FURNISHED MATERIALS, EQUIPMENT, LABOR AND PERSONNEL

A. The contractor shall provide:

a.1.1. All necessary materials and equipment to perform waste determination as outlined in this document, i.e. computer, MSDS, field test kits, designated facility paperwork;

a.1.2. Labels and markings for each container completed prior to arriving on-site to perform a transportation to disposal service task; and a.1.3. DOT shipping papers and any other documentation related to the service task, i.e. land disposal restriction form, job sheet completed prior to arriving on-site to perform a transportation to disposal service task a.1.4. The contractor shall provide all necessary labor to:

a.1.4.1. Complete and document the requirements outlined in Attachments #1 and 2;

a.1.4.2. Package, label and mark containers in accordance with federal, state, and local regulations;

A.1.4.3. Create DOT shipping papers and any other documentation required to complete the service task, i.e. land disposal restriction form, job sheet.

B. When using monitoring and measuring equipment the Contractor will calibrate the equipment in accordance with manufacturer’s specifications and the contractor shall maintain associated records of calibration, i.e. pH meter, weight scale.

C. The Contractor shall:

c.1.1.Provide necessary personnel, materials and equipment to meet 49 Code of Federal Regulations Transportation regulations;

c.1.2. Move industrial waste from storage area(s) to designated loading points;

c.1.3. Load containers onto the transport vehicle.

c.1.4. Properly secure the containers in the transport vehicle;

c.1.5. Equip transport vehicles with all necessary emergency equipment required by applicable state and federal regulations;

c.1.6. Stock transport vehicles with sufficient emergency supplies and equipment to manage actual and potential releases during loading, transporting or off loading of hazardous materials; and c.1.7.Provide properly licensed transport vehicles in states in which they operate.

4. LEAK, SPILL, AND RELEASE NOTIFICATIONS

A. The Contractor is solely responsible for any and all leaks, spills, and releases, regardless of severity, related to or during the performance of the contract.

B. The Contractor shall notify the COR or their designee immediately upon a leak, spill or release while operating on the JDDVAMC property. If the COR is not available, the Contractor shall report the leak, spill or release to the John D. Dingell VA Medical Center Police.

C. The Contractor shall notify the COR within 15 minutes of a leak, spill or release that occurs during transportation. If the COR is not available the Contractor shall report the leak, spill or release to the John D. Dingell VA Medical Center Police.

D. The Contractor is responsible for the cleanup of leaks, spills or releases in accordance with local, state, and federal regulations as well as to the satisfaction of the COR and at no cost to the Government. The contractor must also respond within 2 hours to an emergency spill.

E. The Contractor shall complete and provide to the COR a written report for all leaks, spills and releases within seven (7) calendar days. The report shall include:

e.1.1. Name of the item leaked, spilled or released;

e.1.2. Quantity of the item leaked, spilled or released;

e.1.3. Location of the item leaked, spilled or released;

e.1.4. DOT shipping paper reference, if applicable, i.e. US EPA Uniform Hazardous Waste Manifest number;

e.1.5. Names and telephone numbers of local, state and federal regulatory agencies contacted;

e.1.6. Names and telephone numbers of local, state and federal regulatory or emergency management, i.e. police, fire department, agencies who responded to the leak, spill or release;

e.1.7. Containment procedures initiated;

e.1.8. Anticipated clean-up procedures;

e.1.9. Disposal location of spill residue; and e.1.10. Copies of regulatory agency emergency response reports including release reporting; and e.1.11. Corrective and preventative action that will be taken to prevent future leaks, spills, or releases.

5. SAFETY

A. The contractor shall:

a.1.1. Follow all federal, state, and local safety and health regulations regarding necessary safety procedures and equipment;

a.1.2. Shall comply with safety instructions issued by a regulatory agency representative and the JDDVAMC Safety Officer;

a.1.3. Provide and train employees on the use and maintenance of Personal Protective Equipment (PPE) required while performing the service task, i.e. respirators; and a.1.4. Take all necessary safety measures to prevent harm or injury to VA patients, visitors, employees, contractor employees and the environment.

a.1.5. In the event of a fire alarm sounding, remain in the area unless JDDVAMC personnel (Safety, Engineering or John D. Dingell VA Medical Center Police) provide other instructions, or unless a fire situation is in the immediate area, in which case evacuation should be immediate.

a.1.6. The contractor is responsible for immediately reporting to the COR any injury or personnel exposures, regardless of severity, experience by contractor staff while working on site. If the COR is not available the contractor shall report the injury or personnel exposure to the John D. Dingell VA Medical Center Police.

6. INDEMNIFICATION

A. Upon receipt/removal of items from the JDDVAMC, the contractor shall assume accountability, physical custody, and full responsibility for such items. The Government assumes no liability for any damage to any property belonging to the contractor, any person, or public property or for personal injuries, illness, disabilities or death to the contractor, contractor's employees, and any other person subject to the contractor's control of any other person, including members of the general public, arising from or incident to the processing, transporting, disposal, or any subsequent operation performed upon , exposure to or contact with any component, part, constituent or ingredient of this item, or substance or material whether intentional or accidental. The contractor agrees to hold the Government harmless and indemnify the Government for any and all costs, judgment, action, debt, liability costs and attorney's fees or any other requests for monies or any other type of relief arising from or incident to the processing, transporting and disposal of any subsequent operation performed upon, exposure to or contact with any component part, constituent or ingredient of this item, material or substance, whether intentional or accidental.

7. DEFINITIONS

A. The following definitions are applicable to this contract:

a.1. Consumer electronics as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9102 to mean devices containing an electronic circuit board, liquid crystal display, or plasma display such as those commonly found in homes and offices and these devices when used in other settings.

a.2. Container as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9102 to mean any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

a.3. Designated facility as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9102 to mean a hazardous waste treatment, storage, or disposal facility which has received a permit or has interim status pursuant to 40 C.F.R. parts 124 and 270; which has a license, permit, or interim status from a state that is authorized pursuant to section 3006 of title II of the solid waste disposal act, which, if located in this state, has an operating license that is issued pursuant to part 111 of the act, has a legally binding agreement with the director that authorizes operation, or is subject to the requirements of section 23(7) and (8) of part 111 of the act; or which is regulated pursuant to R 299.9206(1)(c) or R 299.9803; and which has been designated on the manifest by the generator pursuant to R 299.9304. If the waste is destined for a facility in an authorized state that has not yet obtained authorization to regulate the particular waste as hazardous, then the designated facility shall be a facility that is allowed by the receiving state to accept the waste. A designated facility may also mean a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with R 299.9608.

A.4. Disposal means:

a.4.1. Reclamation, recycling, reprocessing and recovery;

a.4.2. Treatment, including neutralization, detoxification, and thermal treatment, in a manner that renders it no longer a hazardous waste as defined by federal, state, and local regulations at a facility appropriately permitted by a state or federal agency.

a.4.3. Long-term landfill burial internment in an appropriate state or federally permitted facility;

a.4.4. Disposal does not include mere acceptance of the industrial waste at a properly permitted Treatment, Storage, and Disposal Facility and does not meet the definition of disposal under this contract.

a.5. Disposal facility as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9102 to mean a facility or a part of a facility at which hazardous waste, as defined by these rules, is intentionally placed into or on any land or water and at which hazardous waste will remain after closure.

a.6. Emergency means a serious situation or occurrence that happens unexpectedly and demands immediate action.

a.7. EPA means the Environmental Protection Agency.

a.8. Hazardous waste as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9102 to mean a hazardous waste as defined in R 299.9203.

a.9. Industrial waste includes the following types of waste: hazardous waste, regulated medical waste mixed with hazardous waste, Michigan Liquid Industrial Waste, and non-hazardous solid waste.

a.10. Lab Pack refers to placing several individual sealed containers of compatible wastes into a larger container (e.g. a 55-gallon drum) along with a packing material (such as vermiculite) for the purpose of transportation to disposal.

a.11. Management is the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of waste.

a.12. Method of treatment or disposal as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9105 to means 1 of the major categories of treatment or disposal used for hazardous waste, including any of the following: (1) Landfill; (2) Land treatment; (3) Thermal treatment; (4) Chemical treatment; (5) Physical treatment; and (6) Biological treatment.

a.13. Mixed Infectious Hazardous Waste means the waste meets the definition of a medical waste and a hazardous waste.

a.14. Operating license as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9106 to mean a license to construct a new facility or expand, enlarge, or alter an existing facility, or to operate a facility pursuant to the authority of part 111 of the act.

a.15. Pharmaceutical means a drug intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or animals. It does not include DEA controlled substances.

a.16. Pharmaceutical waste in compressed gas containers: Segregated pharmaceuticals which are contained in a compressed gas container, i.e. inhalers.

a.17. Pharmaceutical waste containing cytotoxics: Segregated pharmaceuticals which are considered cytotoxic pharmaceuticals, i.e. chemotherapy pharmaceuticals.

a.18. Pharmaceutical waste containing DOT Hazard Class 5 Oxidizers: Segregated pharmaceuticals that meet the regulatory definition of a DOT Hazard Class 5 Oxidizer, i.e. pharmaceutical cream containing silver nitrate, amyl nitrate, potassium permanganate.

a.19. Pharmaceutical waste containing a sharp: Segregated pharmaceuticals that contain a sharp, i.e. propranolol hydrochloride with needle attached, stilphostrol with needle attached.

a.20. RCRA as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9107 to mean the solid waste disposal act, as amended by the resource conservation and recovery act of 1976, as amended, 42 U.S.C. §6901 et seq.

a.21. Reclamation as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9107 means either processing to recover a usable product or regeneration, such as in the recovery of lead values from spent batteries and the regeneration of spent solvents.

a.22. Recyclable Materials as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9107 means hazardous waste that is recycled.

a.23. Recycle as defined in Michigan Public Act 451 of 1994, Part 111 Hazardous Waste Management, as amended Part 111 Administrative Rule 299.9107 to mean the use, reuse, or reclamation.