36C25022Q0625.docx

36C25022Q0625

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. 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. 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

583-22-3-630-0040 36C25022Q0625 05-27-2022 Ismail, Olalekan 3179881527 06-03-2022 16:00

EDT

Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240 X X 562112 $41.5 Million N/A X Department of Veterans Affairs Veterans Health Indiana Richard L. Roudebush VA Medical Center 1481 W 10th Street Indianapolis IN 46202 Y Department of Veterans Affairs Network Contract Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

Department of Veterans Affairs https://www.tungsten-network.com/ customer-campaigns/veteransaffairs

See CONTINUATION Page Contractor shall provide all material, labor, transportation equipment for hazardous waste transportation and disposal in accordance with the Statement of Work (SOW) in Section B.

IMPORTANT NOTICE:

Price Schedule is attached as an excel document - Offerors shall submit pricing utilizing the attached excel document in addition to the solicitation herein.

Offerors that do not submit the excel document shall not be considered. Note: Do not change the excel document in any way other than to insert pricing.

Award will be made utilizing comparative analysis using FAR 12 & 13 procedures.

Question shall not be accepted past 6/1/2022 at 13:00 EDT $0.00 See CONTINUATION Page 583-3610162-669-855100-2548 010055590 X X One(1) Kristina L. Peart Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. Contractor: _______________________ Address: _______________________

Contractor Point of Contact (POC) for Contract: __________________________

Alternate POC for Contract: ______________________ Title: ______________________ Phone: ______________________ Email: ______________________

DUNS NUMBER: ____________ TAX ID: _______________ Business Size: ___________________

b. GOVERNMENT: Kristina Peart, Contracting Officer Olalekan Ismail, Contract Specialist Phone No.: 317-988-1527 olalekan.ismail@va.gov Department of Veterans Affairs Network Contracting Office (NCO 10) 8888 Keystone Crossing Suite 1100 Indianapolis, IN 46240

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:

a. Quarterly [N/A]

b. Semi-Annually [N/A]

c. Other [x] Monthly to: Veterans Affairs | Tungsten Network (tungsten-network.com)

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: Veterans Affairs | Tungsten Network (tungsten-network.com)

6. QUOTE SUBMISSION: All offers shall be submitted by the date/time specified in block 8 of the SF1449 via email to Olalekan Ismail at olalekan.ismail@va.gov. Submission shall include solicitation identifier “36C25022Q0625” to ensure receipt of offer. Facsimile and paper offers are not authorized under this announcement. Quotations received by other than SDVOSB’s will not be accepted.

7. LATE QUOTE SUBMISSION: Late submissions shall not be considered.

8. ACKNOWLEDGEMENT OF AMENDMENTS: Contractor shall acknowledge any and all amendments and include a signed copy with their quote submission. List of Amendments are listed below

B.2 PRICE SCHEDULE

See attached document: SCHEDULE.

Total Base Year

Total Option Year 1

Total Option Year 2

Total Option Year 3

Total Option Year 4

Grand Total

36C25022Q0625

Page 1 of Page 1 of

B.3 STATEMENT OF WORK

Hazardous Waste Transportation, Treatment and Disposal Veterans Health Indiana (VHI) - Richard L. Roudebush VA Medical Center (RLRVAMC) at 1481 W. 10 Street, Indianapolis

1.0 BACKGROUND

The contractor shall provide hazardous, non-hazardous and universal waste transportation, treatment and disposal services, lab pack services, emergency spill response services, highly hazardous chemical transportation and disposal services, waste drums and other consumable items and online web compliance / management services for the RLRVAMC. The RLRVAMC is currently a Small Quantity Generator (SQG) of hazardous waste.

This contract shall not include the disposal of infectious, bio-hazardous or pathological waste unless it is mixed with Hazardous Waste.

2.0 SCOPE

The Department of Veterans Affairs, intends to award a Firm Fixed Price contract to a qualified firm with the capability and capacity to provide hazardous, non-hazardous and universal waste transportation, treatment and disposal services, lab pack services, emergency spill response services, highly hazardous chemical transportation and disposal services, waste drums and other consumable items and online web compliance / management services in accordance with current federal, state and local regulations. Services shall include all labor, materials, tools, equipment, analysis, travel, transportation, documentation, waste treatment, disposal and support services required to categorize, package, transport, document and dispose of hazardous and universal wastes from RLRVAMC The Contractor and the Contracting Officer Representative (COR) will arrange for routine (non-emergency) waste pickups for each facility based upon rate of generation. Based on historical data, RLRVAMC has shipped hazardous waste every three months (quarterly). The contractor shall possess the necessary technical expertise and resources required by this solicitation in order to be considered for contract award. The contractor is not required to perform any reporting with regulatory agencies on behalf of the RLRVAMC.

The contractor shall provide all services necessary for the disposal of the hazardous waste listed in the schedule in accordance with all local, state, and federal Environmental Protection Agency (EPA) solid and hazardous waste laws and regulations, specifically Resource Conservation and Recovery Act (RCRA), and all terms and conditions of this contract. These services shall include all necessary personnel, labor, transportation, packaging, inventory, detailed analysis (if required for disposal), equipment, and reports. All items listed in the schedule, regardless of their condition, are being discarded by the government and are considered to be waste (i.e., either hazardous, non-hazardous or universal). All work shall be in accordance with 40 CFR, Chapter 1, Subchapter I Solid Wastes (including Part 260-265).

DEPARTMENT OF TRANSPORTATION (DOT) REQUIREMENTS: Transportation shall be in accordance with DOT Hazardous Material Regulations 49 CFR 100-199.

This contract shall not include the disposal of infectious, bio-hazardous or pathological waste unless it is mixed with Hazardous Waste.

3.0 TASKS

a. All hazardous and non-hazardous materials generated by RLRVAMC shall be disposed of by the Contractor in accordance with current Federal, State and local guidelines governing regulated hazardous and non-hazardous chemical wastes.

(1) Packaging of chemical wastes shall be in the smallest container available for that waste stream. Smaller sizes shall be used for partial loads or to meet the disposal priorities or U.S. Department of Transportation (DOT) requirements.

(2) Contractor shall dispose of hazardous waste in a manner that leaves no future expense potential to the VA or the federal government.

b. Chemicals shall be disposed of in the following preferred priority:

(1) Recycling of chemicals to another party for future use if economically feasible and practical.

(2) Treatment of the 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.

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

c. For the purpose of this contract, disposal means either:

(1) The long term internment (burial) in a facility approved for such by the appropriate state or federal agency; or,

(2) The processing of the waste (at a facility approved for such processing by the appropriate state or federal agency) in a manner that tenders it no longer a hazardous waste as defined in CFR 40, Parts 190 to 399. These processes shall include chemical treatment, such as neutralization or detoxification; thermal treatment, such as incineration or pyrolysis; and recycling, reprocessing or recovery; or,

(3) Mere acceptance of the hazardous property at a properly permitted Treatment, Storage, Disposal, and Facility (TSDF) does not meet the definition of disposal under this contract; or,

(4) It is the contractor’s responsibility to obtain all necessary documentation to prove that the disposal of all items (as defined in paragraph i. below) has been accomplished. This documentation shall be attached to the certificate of disposal and submitted with, or prior to, the invoices.

d. Any shipments outside of this country are prohibited under this contract (unless prior approval is received in writing from the COR).

f. All items collected by the contractor shall be segregated, packaged, and labeled by US DOT requirements. The contractor shall ensure all rules and regulations from US DOT are followed in the proper transport of waste materials.

g. Payment of services rendered under this contract will be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor to the payment address specified by Contracting. Invoices shall reference the Contract Number and Purchase Order Number, Manifest Number(s), provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals and any other data relevant for payment purposes.

h. The Government will not authorize payment until such time that the VA COR all properly executed and signed documentation.

4.0 MANIFESTS AND REPORTING REQUIREMENTS

a. A uniform hazardous waste manifest (i.e., EPA Form 8700-22) shall be completed by the contractor and furnished to the COR of the medical center when the waste is picked up for disposal. All waste picked up shall be listed on the manifest.

b. The contractor shall obtain and prepare all manifests. Manifests shall be reviewed and signed by the appropriate COR.

c. The contractor shall provide a copy of the results to the COR from any chemical testing or analysis done to allow compliance with EPA and DOT regulations.

d. Manifests shall be submitted in such a manner as to comply with the timeliness prescribed by state and EPA regulations.

e. Disposal of all hazardous waste items identified in this contract shall be completed within thirty-five (35) calendar days after each removal. Completed copies of all manifests shall be furnished to the COR whose address appears on the manifest within thirty-five (35) days of pickup of waste.

f. In addition to providing the manifests, the Contractor shall provide a properly executed and signed disposal certificate for each manifest to the COR within forty five (45) calendar days of removal of waste from the facility. The disposal certificate shall clearly indicate that all waste has been properly disposed of and shall specify the site and date of disposal or incineration. Exceptions to this shall be approved by the COR. This certificate shall be submitted with, or prior to, the invoices.

g. Online web compliance / management services: All manifests, waste profiles, waste generation data - including quantities of each item disposed, shipping information, data needed for completing annual / bi-annual EPA reports, invoices, certificates of destruction, certificates of receipt, and other data required for the proper execution of this contract shall be maintained by the contractor in an online web-site / database with the ability for the COR to export information from online web-site / database into Microsoft Excel and/or Microsoft Access. The contractor shall have staff available to COR that can assist in providing technical support (e.g., answering hazardous waste disposal questions, completing and/or providing assistance on waste profiles for RLRVAMC waste processes, etc.).

h. The Contractor shall be required to comply with all Federal, State and local regulations, policies and procedures regarding tracking, recordkeeping, manifesting and documentation of all waste collected. The contractor shall be required to comply with all changes to such Federal, State and local regulations and procedures which occur during the term of this contract. The Contractor shall provide to the Government any additional certifications that may be required because of changes in such laws.

i. Prior to the removal and transport of hazardous, universal and non-hazardous chemical waste generated by the VA, the Contractor shall obtain approval and signature for each manifest generated from the COR or his/her designee verifying that the Contractor has accepted the waste and that the waste is properly shipped for treatment or disposal. Manifests not signed by the COR or his/her designee shall not be deemed valid.

5.0 CONTRACTOR FURNISHED MATERIALS AND EQUIPMENT:

a. GOVERNMENT EQUIPMENT: The Government will not furnish any equipment or assist the contractor in the performance of the contract. The contractor understands that any offers by Government personnel to use Government equipment for loading, processing and disposal of the property are unauthorized, and the contractor shall not accept such offers.

b. PACKAGING AND MARKING: The contractor shall provide necessary personnel and all required materials to inventory, classify, sample, manifest, package, mark, label, and load the waste for transport. The Contractor shall furnish all containers and packing material for lab packs. Classification shall include at a minimum the EPA and DOT identifications for each chemical. It is the responsibility of the contractor to ensure that the waste is properly classified. The contractor shall load barrels onto the transport vehicle. The final bolting of barrels shall be the contractor's responsibility. All contractor vehicles shall be placarded and equipped in accordance with DOT regulations of the applicable state and US DOT. Vehicles shall contain all emergency equipment required by DOT.

c. The Contractor shall ensure that vehicles used for transportation of hazardous materials are stocked with sufficient supplies to handle hazardous materials that require special packaging, spills, leaking drums or other conditions that could occur while performing a routine pick-up.

d. The Contractor shall supply replacement containers that meet all federal, state and local regulations for hazardous and universal waste streams (i.e., 5, 16, 30 and 55 gallon open head poly drums; 55 gallon metal closed head drums; 55 gallon metal open head drums; and other size drums as needed by the medical center).

The Contractor shall be responsible to package bulk wastes into the largest container feasible.

6.0 SAFETY & SECURITY

a. SAFETY REQUIRMENTS: The contractor shall perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, contractor personnel and equipment shall comply with all safety requirements set forth in applicable State, Federal, and local laws and regulations and shall further ensure that its agents and employees perform work in a safe manner. The contractor shall ensure that all personnel involved in handling and packaging hazardous waste be trained for the level of expertise required of the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spill. Contractor shall ensure that its employees use proper handling and personal protective equipment while collecting, transporting, and disposing of hazardous waste from the RLRVAMC. All contractor employees present at the work site shall be trained to use all protective equipment. The Contractor shall be responsible for properly containerizing all lab-packs and for assuming all safety measures to prevent harm or injury to VA patients, visitors, employees, contractor employees (example: PPE) and the environment (example: storm drain covers).

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

c. The C&A requirements do not apply, and a Security Accreditation Package is not required.

d. SPILL RESPONSIBILITY: The contractor shall be solely responsible for any and all spills or leaks during the performance of the contract utilizing their own equipment. The contractor shall agree to clean up such spills or leaks to the satisfaction of the Government in a manner which satisfies the applicable state, federal and local laws and regulations, at no cost to the Government.

e. SPILL REPORTING REQUIRMENTS: The contractor shall be responsible for reporting by telephone (i.e., within 2 hours) to the COR all spills, regardless of quantity, and all personnel exposures and shall be followed up in writing no later than seven (7) days after the initial telephone report. If the COR is not available (317-988-2101 office or 317-789-5971 cell) the contractor shall report the spill to the VA Medical Center Safety Officer (317-988-4203 office or 317-408-8699). Spills or leaks that occur during the transportation of the materials shall be reported to the medical center COR within (2) hours of the occurrence. If any spills occur during contract performance, these shall be briefly described in a summary of spills report and include the following information:

i. Item spilled (identification, quantity, and manifest numbers)

ii. Whether amount spilled is EPA/state reportable, and if reported, a copy of the report shall be provided to the COR;

iii. Exact location of spill;

iv. Containment procedures initiated;

v. Anticipated clean-up and disposal procedures;

vi. Disposal location of spill residue;

vii. If personal injury involved was assistance required;

viii. Names and telephone numbers of all state and federal officials contacted,

ix. Narrative summarizing all on-scene visits made by local, state, or federal officials.

7.0 PERFORMANCE

a. Place of Performance: Hazardous, non-hazardous waste materials are stored in 8 outdoor hazardous waste storage units located on the southwest side of the facility (near the medical centers loading docks). Universal waste material is collected and stored in other areas of the facility. The COR will accompany the contractor to these areas (i.e., the 8 outdoor hazardous waste storage units and the various other areas where universal waste streams are collected) to ensure all hazardous, non-hazardous and universal waste streams are collected and processed by the contractor.

b. Period of Performance

(1) Hours of work for pick-up of wastes (excluding emergency pick-up) are defined as 8:00 am to 4:30 pm, Monday through Friday, excluding Federal holidays.

(2) The Eleven (11) holidays observed by the Federal Government are: New Year's Day, Martin Luther King Junior's Birthday, President's Day, Memorial Day, Juneteenth National Independence 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.

c. Contractor Performance- The contractor shall:

Without additional cost to the Government, provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles and other resources required for proper removal of hazardous and non-hazardous chemical waste in accordance with all applicable Federal, State, Municipal, and local regulations, for example, (e.g., OSHA, EPA, MDRNE, 49 CFR (DOT). If appropriate licenses are not maintained in accordance with Federal and State requirements, the VA may terminate the contract effective upon discovery. The CO or his/ her designee reserves the right to stop work if the COR determines work is being done in an unsafe/unhealthy manner or that could harm the environment. VA will not incur additional costs if work is stopped for good cause.

d. Contractor Performance Evaluation- The contractor performance will be evaluated in the Contractor Performance Assessment Reporting System (CPARS) annually. COR shall evaluate/monitor the following areas of the contract throughout each service period:

i. Quality of Service

ii. Schedule

iii. Cost Control.

8.0 AFFIRMATIVE PROCUREMENT

The contractor shall be required to have a written affirmative procurement program that requires preference for the following materials used at VA sites:

i. EPA designated items that are listed in EPA procurement guidelines at 40 CFR parts 247

ii. USDA designated items that are listed by USDA in the procurement guidelines found in 7 CFR parts 2902, Subpart B

iii. EPA designated items on EPA’s list at http://www.epa.gov/cpg/products/htm

9.0 INDEMNIFICATION

Upon receipt/removal of items from the Government installation, 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 form or incident to the processing, transporting and disposal of any subsequent operation performed upon, exposure to or contract with any component part, constituent or ingredient of this item, material or substance, whether intentional or accidental.

10.0 CONTRACTOR

Within 15 days of award, the contractor shall provide a list of names, titles, addresses, telephone numbers (including cellular), pager/beeper numbers, facsimile numbers and e-mail addresses of key managers, supervisors, customer service and field service personnel performing under this contract. Prior to commencement of work on this contract, the contractor shall provide the Contracting Officer Representative the name and telephone number of at least one responsible individual who shall respond to problems and/or emergencies on a 24-hour basis.

Twenty-four hour Spill Response Services - Contractor shall have the capability to provide twenty-four (24) hour per day, seven (7) days per week of emergency response services for spills of hazardous materials and/or wastes, and universal wastes. The contractor shall respond within two (2) hours to spill incidents to conduct spill mitigation activities, neutralize spilled products, and provide expert advice concerning products and their potential impacts on people and the environment. Response shall include spill cleanup and the handling and disposing of products or product residuals generated as a result of a spill and to prepare required documentation on behalf of the facility. The contractor shall also possess the capability to respond within this two (2) hour on-site framework to assess any potentially unstable/reactive hazardous substance identified, and to affect on-site remote opening and stabilization as appropriate within twenty-four (24) hours. This service shall be provided on a 24-7 basis and shall be provided on-site within 2 hours of after being notified by the medical centers point of contact. The contractor shall be responsible for providing emergency first responder services in the event of a spill of hazardous materials/wastes, radiological wastes and universal wastes. This service shall be available 24 hours per day, 7 days per week and be available with personnel on the scene within 2 hours. If Contractor fails to respond within two (2) hours, VA reserves the right to obtain the required service from another source capable of full performance of these contract requirements, and to charge the contractor with any excess cost which may result there from. The contractor shall be able to identify spilled product, conduct spill mitigation activities (e.g., containment, diversion from storm drains), neutralize spilled product, provide expert advice concerning products and their potential impacts, undertake spill cleanup activities, handle and dispose of spilled product and residuals, and prepare appropriate documentation on behalf of the facility. The contractor shall provide their spill procedures for integration into facility level SPCC or contingency plans. The contractor shall provide their billing procedure that would be used for spill and emergency response activity.

Transportation and Disposal of Highly Hazardous Chemicals – Contractor shall have the capability to provide services to safety prepare highly hazardous chemicals for transportation and disposal. Examples of highly hazardous chemicals: organic chemicals that form peroxides through exposure to air or light, hydrated picric acid or other tri-nitro and di-nitro compounds that become dry or become contaminated with metals that form explosive metal salts, sodium amide that reacts with air or moisture to forms superoxides (as evidenced by yellow or brown discoloration), certain alkyl nitrates (e.g. butyl nitrate or propyl nitrate) that become contaminated with nitrogen oxides and certain normally stable perchlorates (e.g. pyridium perchlorate or tetraethylammonium perchlorate) that become unstable at elevated temperatures.

Contractor shall be able to respond and deploy appropriate resources (i.e., resources capable of neutralizing / stabilizing hazards to acceptable transportation levels according to DOT requirements) within 7 business days from notification from COR.

If Contractor fails to respond within 7 business days, VA reserves the right to obtain the required service from another source capable of full performance of these contract requirements, and to charge the contractor with any excess cost which may result there from.

The contractor shall provide their billing procedure that would be used for transportation and disposal of Highly Hazardous Chemicals.

The contractor shall provide their billing procedure that would be used for any waste that falls outside service pricing schedule (e.g., unknowns, etc.)

Required from Offerors with Quote Submission:

ALL of the following items shall be submitted with your quote in order for your company to be considered for award. Award will be made to the company that offers the best value to the Government, considering price, technical capability and past performance.

1) Contractor shall certify that it acknowledges the responsibility for acquisition or is in possession of all required business licenses and permits required by law. Provide a copy of the following:

a. The US EPA identification number(s) certificate for each business entity operated by the contractor that will provide service regarding any aspect of RLRVAMC waste disposal program (e.g., TSDF, incinerator sites, etc.).

b. Proof of the liability insurance (all lines of coverage – e.g., general liability, automobile liability, umbrella liability, workers compensation liability, etc.);

c. Transporter’s Hazardous Materials Certificate of Registration issued by the US Department of Transportation (USDOT);

d. MCS-90 Endorsement to the auto liability policy that assures that federally mandated coverage (e.g., required liability limits, environmental restitution coverage) is in place. (NREPA Part 121)

e. Transporter’s Hazardous Materials Safety Permit (HMSP) in accordance with Federal Motor Carrier Safety Administration (FMCSA) 49 CFR 385.400;

f. Transporter’s latest USDOT, Federal Motor Carrier Safety Administration “motor carrier safety” rating (include a copy of the last inspection);

2) Submit evidence that a degreed chemist is on staff.

3) All technicians that shall work on RLRVAMC premises shall be expected to have received at least the minimum training required by law as specified in 29 CFR 1910.120. Provide certificates indicating 24 or 40 hours of initial “HAZWOPER” training and the last annual refresher training for each technician.

4) All technicians that shall work on RLRVAMC premises shall be expected to have received at least the minimum training required by law as specified in 49 CFR 172.704 “DOT Training”. Provide copies of the most recent training certificate for each technician.

5) Certify that any lead technicians who shall provide services to any RLRVAMC have experience lab packing hazardous waste and preparing shipping papers. Submit evidence of training for each technician who prepares shipping papers in accordance with 49 CFR Part 172 Subpart C and 173.

6) Contractor shall include information on all related business entities including associated firms that are owned by the contractor or owned by a common parent company that shall be involved in any portion of the processing of the VA waste disposal program.

7) Provide copies of any violations and/or citations that the contractor has received for non-compliance with any hazardous waste laws permit requirements, and/or OSHA requirements for the past three years from the date of submission. Contractor shall be disqualified for the following: more than 3 Serious Violations, any REPEAT or WILLFUL VIOLATIONS, unresolved violations involving Consent Orders or mismanaged waste.

8) Provide Standard Operating Procedures (SOPs) that will be followed while conducting normal hazardous waste management activities. The contractor shall describe:

a. Operational procedures and site management structure.

b. Supplies and equipment practices.

c. Material sampling procedures.

d. Hazard assessment and categorization procedures.

e. Packing procedures.

f. Procedures for gaining waste acceptance into a transfer/ disposal facility.

g. Quality assurance and quality control procedures to ensure materials are properly identified, categorized, and packaged, and paperwork is properly completed.

h. Procedure for employee on the job-related injuries or conditions, as well as a medical surveillance program for personnel involved in the direct handling and/or exposure to chemical waste

i. Site safety plan that shall be used to ensure that workers and nearby population shall be adequately protected during packaging and removal operations.

j. A written plan for spill clean-up shall be included in their proposal.

k. Highway Contingency Plan.

l. Hazardous Material Incident reporting (49 CFR 171.15 & 171.16)

9) Contractor shall provide evidence of experience working with healthcare and research laboratories.

10) Contractor shall submit details of at least (3) three prior hazardous waste disposal service contracts with comparable scope and complexity to this contract; and were awarded and completed within the past five years. If any projects occurred within the State of Indiana, please list them as part of the three (3). Offeror shall submit details such as awarded amount of the contract, the scope of the work to the awarded contract and the POC for each awarded contract that was the designated COR or the person in charge of the service department.

11) Contractor shall provide performance questionnaires received from references - minimum of three (3) and a maximum of five (5) for similar contract service. Offeror is responsible for ensuring references submit the completed past performance questionnaire to the issuing office for receipt prior to the closing date and time for receipt of the proposals.

12) Contractor shall provide their billing procedure that would be utilized for the following services outlined in this SOW:

a. Spill and emergency response activity

b. Transportation and Disposal of Highly Hazardous Chemicals

c. Any waste that falls outside service pricing schedule (e.g., unknowns, etc.).

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

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.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 Federal Acquisition Regulation (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 FAR 32.608-2 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.