36C25220Q0074-001.docx

36C25220Q0074

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 ATTA

CHED

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. 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

36C25220Q0074 10-29-2019 Robert Boesen 608-256-1901 X14576 11-15-2019 2:00 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X X 562211 $38.5 Million N/A X 36C252 Great Lakes Acquisition Center

(GLAC)

Department of Veterans Affairs 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page Hazardous Waste Tomah Wisconsin See CONTINUATION Page x X

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

CONTRACTOR:

CONTRACTOR’S NAME

ADDRESS

CITY STATE, ZIP

POINT OF CONTACT/TITLE

PHONE NUMBER

FAX NUMBER

E-MAIL ADDRESS

DUNS NUMBER

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

a. GOVERNMENT: Robert Boesen, Contract Specialist

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM – SYSTEM FOR AWARD

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

5. INVOICES cont:

a. Payments shall be made in arrears upon receipt of a properly prepared invoice

b. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

c. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

d. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

e. For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov

6. Ordering Officers

a. Ordering officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO) will furnish the Contractor with the names of individuals authorized as OOs, by separate memorandum upon issuance of the contract. When OOs are added after award, the CO will furnish the Contractor with the names of individuals authorized as OOs, by memorandum upon OO appointment. OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The Contractor shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders.

b. The Great Lakes Acquisition Community (GLAC) Contracting Officer (CO) has determined that the designation of Ordering Officers (OO)s is essential to the operation of contracting and increasing efficiency within the VA. Authorized users of this contract are OOs that have completed the OO training and been formally appointed by the GLAC (CO) to this contract.

c. OOs are unwarranted Government personnel authorized to act as agents of the GLAC CO for this Contract. The GLAC CO is the sole authority for appointing OOs to place orders against this Contract. Only Government personnel can be appointed as OOs. OOs shall only place orders within the limits explicitly stated in a written appointment letter issued by the GLAC CO.

d. The OO and the Contracting Officer Representative (COR) of this contract may be the same person.

e. OOs are responsible for issuing and administering orders placed under this contract. OOs may revise or modify their orders, but only within the scope of this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract.

f. The Contractor shall accept orders against this contract from OOs when the order form is accompanied by the review and approval of the COR for this contract (indicated by the COR’s signature at the bottom of the Order Form).

7. Orders - Routine & Off Schedule: Orders may be routine or off-schedule. The life-cycle of an order is, placed, in-motion and complete. An order’s invoice cannot be paid until the order is complete.

a. Routine Order

i. The COR and the Contractor will jointly establish a date and time when pickups shall be performed monthly and routinely.

ii. At least one (1) weeks’ notice shall be given for any rescheduled pickup and pickups are to be rescheduled within 2 weeks of the routinely scheduled pickup.

iii. The Contractor shall coordinate and schedule the routine pickup with the COR. COR approval of the date and estimated arrival time shall be obtained a minimum of 1 week in advance of the event.

b. Off Schedule Order

i. The Ordering Officer contacts the Contractor via e-mail with CO copied, requesting a pick-up in addition to a routine order.

ii. A date and time are agreed to for pick-up

c. Life-Cycle of Orders

i. Order Placed: An Order is considered placed with the agreed to date and time of pick-up

1. Date and Time are finalized

ii. Order in motion: An Order is considered in motions until complete.

1. COR makes best effort to provide list of items/inventory of waste to be removed, subject to change

2. Contractor must arrive at CAA with required items including but not limed to vehicles, placards, licenses, equipment, supplies, packaging, labels, labor etc.

3. COR designee meets at CAA to unlock building

4. COR designee identifies all Hazardous Wastes needing to be removed by Contractor

5. Contractor may choose to perform independent waste inventory

6. Contractor prepares all Hazardous Wastes for removal and transportation

7. Contractor lists all materials being packaged in a “lab pack” form

8. Contractor creates manifest on Contractor-provided forms

9. Contractor notifies COR when manifest is complete

10. COR meets Contractor at CAA to verify and receive one copy of the manifest

11. Contractor transfers possession of all manifested items to Contractor vehicle

12. COR secures CAA building

13. COR and/or OO shall a fully completed an Order Form.

a. Ordering Officers shall forward the completed Order Form in word.doc format to the COR for review to ensure all items are included from the manifest and appropriately matched to the line items from the Cost and Pricing Schedule for current period of performance.

b. COR will convert the document to a PDF, electronically sign the Order Form, and then electronically send the document back to the OO.

c. The Ordering Officer shall create a PO in VISTA in accordance with Attachment A - Ordering Procedures.

d. The Ordering Officer shall send the PO and Order form to the Contractor copying the CO and COR.

14. Contractor departs facility and disposes of all hazardous materials/wastes

iii. Order Complete

1. The Contractor shall receive an order from the Ordering Officer or a Task Order from the Contracting Officer.

2. Contractor submits invoice

3. COR designee certifies and processes invoice.

4. The Contractor may invoice upon receipt of an order from OO or an awarded TO from CO. However, the contractor is still responsible to complete the following:

a. Contractor ensures signed copy of the manifest by the designated facility owner or operator certifying receipt of the hazardous materials must be received by the COR or designee within 35 days of the waste pickup and prior to invoicing

b. Contractor shall provide a summary of services after each pickup which includes the running totals of the weights of each waste stream removed from the facility for that contract year

c. Original certifications of proper disposal/destruction certifying the proper disposal of waste shall be provided to the COR and/or his/her designee within 60 days of destruction.

iv. Order Finalized OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

ACQUISITION OF COMMERCIAL ITEMS: This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13 in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used.

SECURITY & PRIVACY CONTROL: The Authorization & Accreditation (A&A) requirements of VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No A&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262-7733.

SPECIAL NOTES: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

PERFORMANCE WORK STATEMENT (PWS)

HAZARDOUS/NON-HAZARDOUS WASTE PICK-UP AND DISPOSAL SERVICES

GENERAL INFORMATION

1. GENERAL This is a non-personnel services contract to provide hazardous and non-hazardous waste pick-up and disposal services for the Tomah VA Medical Center. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Hazardous and Non-Hazardous Waste Pick-up and Disposal as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Tomah Veterans Hospital (Facility) currently identifies as a small quantity generator as defined by 40 CFR Part 261 and must manage hazardous waste in accordance with the applicable regulations. Land disposal of this waste is not an acceptable means, even if allowed by regulations. Excluded for this solicitation is the disposal of municipal type trash and refuse, radioactive waste, and sharps waste. Volumes listed will vary; and the VA makes no guarantee that a pick-up will contain or be limited to the estimated amounts scheduled in Technical Exhibit 3 – Unit Schedule.

1.3 Objectives: The Facility’s objective is to properly manage, transport, and dispose of the hazardous waste generated at the facility in accordance with applicable local, state and federal regulations and in an environmentally responsible manner.

1.4 Scope: The Contractor shall provide all management, tools, supplies, equipment and labor detailed in Part 5 of this PWS and obtain applicable licenses and permits necessary to ensure that hazardous waste removal and disposal services are performed at the Facility in accordance with applicable standards and regulations.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The period of performance reads as follows:

1.6 General Information

1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP is to be provided with the Contractor’s proposal so that it can be included as an evaluation factor. Three copies of a comprehensive written QCP shall be submitted to the CO and COR within 5 working days when changes are made thereafter. After acceptance of the QCP the Contractor shall obtain the Contracting Officer’s (CO’s) acceptance in writing of any proposed change to his QC (Quality Control) system.

1.6.2 Quality Assurance: The government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance requirements. It defines how the performance requirements will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: Contractor is not required to perform services on the following holidays.

1.6.4 Hours of Operation: The Contractor shall perform all waste removal operations between the hours of 8:30 AM and 4:30 PM CST except for emergency situations as designated by the Government. Federal Holidays are excluded as noted in Section 1, Part E, Paragraph 8), directly above, and when the Facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed approximately six times per year or as requested by the Contracting Officers Representative (COR) or designee at the following government facility (Facility):

1.6.6 Type of Contract: The Government will award an indefinite-delivery requirements contract.

1.6.7 Security Requirements: The Contractor and the Facility agree that the Contractor will have access to sensitive areas of the medical center and will be removing potentially lethal substances, which could become terrorist weapons if come into possession by undesirable individuals. The Contractor agrees to safeguard these materials, so they are not used against the Government. The Contractor additionally agrees that if they fail to demonstrate this continued trust that they may be subject to a background investigation based on standards found in VA Directive 0710.

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys to the COR and CO.

1.6.7.2.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the CO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.7.2.2 The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.7.3 Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 Special Qualifications: The Contractor will be responsible to ensure Contractor’s employees providing work on this contract are fully trained and completely competent to perform the required work.

1) Each respondent must have an established business, with an office and full time staff. The staff includes a "fully qualified" employee and a "fully qualified" alternate who will serve as the backup

2) "Fully Qualified" is based upon training and on experience in the field. For training, the employee(s) have successfully completed a formalized training program, for the services identified in the description of services that meets the requirements of applicable regulations including but not limited to those listed in Section 4.1. For field experience, the Contractor’s Hazardous Material Handler shall have a minimum of two years of experience in respect to hazardous waste disposal services. Qualifications shall be provided in accordance with Deliverables in Technical Exhibit 2.

3) The employees shall be authorized by the Contractor to perform the hazardous material removal and disposal services. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials for each type of hazardous material required to be removed and disposed of from the Facility. Written assurance shall be submitted with the Contractors QCP. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing any VA. The CO or designee specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the VA facility.

4) If Subcontractor(s) are used, they must be approved by the CO; the Contractor shall submit any proposed change in Subcontractor(s) to the CO for approval/disapproval.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The CO, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The following personnel are considered key personnel by the government: Contract Manager, Hazardous Material Handler(s), Driver(s), and Treatment and Disposal Facility Managers. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel will not be required to obtain and wear a VA badge in the performance of this service, however, they should wear and display any forms of ID provided by their employer.

1.6.13 Contractor Travel: All Travel and transportation costs are to be included in the unit costs for hazardous waste removal services specified in Technical Exhibit 3 – Unit Schedule. Travel outside of the confines of this contract are not approved for payment.

1.6.14 Other Direct Costs: No Other Direct Costs are approved, unit costs to include travel (outlined in Part1, Section E, Paragraph 19), directly above), reproduction, and shipping expenses associated with training activities and visits to contractor facilities.

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 Phase In/Phase Out Period: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty (30) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.6.18 Identification, Parking, Smoking, and VA Regulations: The Contractor's Field Service Technicians (FSTs)/employees shall wear visible identification at all times while on the premises of the VA. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the Contract COR and the Tomah VA Medical Center Police and Security Section. The Tomah VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the Tomah VA. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

PART 2

DEFINITIONS & ACRONYMS

2 DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6 HAZARDOUS WASTE. Categories of Hazardous Material/Waste(s) are identified in compliance with 40 CFR Part 261.

2.1.7 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.8 ORDERING OFFICER. Ordering officers (OOs) will be authorized to place orders against this contract. The Contracting Officer (CO)will furnish the Contractor with the names of individuals authorized as OOs, by separate memorandum upon issuance of the contract. When OOs are added after award, the CO will furnish the Contractor with the names of individuals authorized as OOs, by memorandum upon OO appointment. OOs are responsible for issuing and administering orders placed under this contract. OOs have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the CO responsible for this contract. The Contractor shall accept orders against this contract only from the CO and/or authorized OOs. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders.

2.1.9 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.10 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.11 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.12 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.13 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.14 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.15 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1 Services: Not applicable. Contractor will not require use of Government services to fulfill the requirements of this contract.

3.2 Facilities: The Government will provide access to the pickup and delivery points located at the Tomah VA Medical Center.

3.3 Utilities: Not applicable. Contractor will not require use of Government utilities to fulfill the requirements of this contract.

3.4 Equipment: Not applicable. Contractor will not require use of Government equipment to fulfill the requirements of this contract.

3.5 Materials: Government will provide containers as listed solely in the Sheet included in Technical Exhibit 3 – Unit Schedule. No other containers or packaging materials will be provided. Contractor will not require use of Government materials to fulfill the requirements of this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities personnel, equipment, tools, materials, vehicles, supervision, and services required to perform work under this contract that are not listed under Section 3 of this PWS. The contractor shall provide all other items and services necessary to perform Hazardous Waste Services at the Tomah VA Medical Center, 500 East Veterans St., Tomah, WI., 54660. The contractor shall perform to the standards in the contract as well as all local, state, and federal regulations including but limited to:

40 CFR Part 261 and NR 600 requirements for:

US EPA Identification numbers Waste Characterization Manifesting Handling Hazardous Waste Transportation Hazardous Waste Transportation Licensing CFR Parts 100-185 requirements for:

Material identification Shipping papers Labelling Packaging Employee training Emergency response Placarding and marking vehicle Loading and unloading Material compatibility Blocking and bracing Incident reporting Security plan 42 CFR part 1003 and 49 CFR parts 100 to 185 and 300 to 399 requirements for:

CDL operation for transportation of hazardous materials.

NR 526 and requirements for transportation, shipping, treatment, and disposal of medical waste.

All packaging, transportation, manifesting, and disposal expenses and fees will be paid by the contractor. Contractor is responsible for maintaining all necessary permits and licenses required for transporting materials out of the state of Wisconsin.

4.2 Secret Facility Clearance: Not Applicable.

4.3 Materials: The Contractor shall furnish all materials, supplies and shipping/packaging containers necessary to properly perform the work defined in the contract. The Contractor shall secure all ancillary materials, supplies and shipping/packaging containers not supplied by the Government in Part 3 of this contract.

4.4 Equipment: The Contractor shall furnish all tools and equipment necessary to properly perform the work defined in the contract. The Contractor shall secure all ancillary tools and equipment. The Contractor shall provide all licensed and required vehicles. All vehicles to be used under this contract must be maintained in a safe and serviceable condition during duration of this contract. In addition, the vehicles must be kept clean (exterior and interior) with no unsightly residue of dirt, mud, trash, and other debris. Vehicle efficiency is solely the responsibility of Contractor and Contractor shall not be relieved of his contract responsibilities due to vehicle breakdown or failure of vehicles to operate.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS

5.1 Basic Services: The contractor shall provide services for hazardous waste removal from the Tomah VA Medical Center (Facility). The Contractor shall provide all management, tools, supplies, equipment, labor and obtain applicable licenses and permits necessary to ensure that hazardous waste packaging, transportation, disposal and manifesting services are performed for the Facility in accordance with applicable standards and regulations. Hazardous waste services will be performed in such a manner as to be least disruptive to Facility operations. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, containers, shipping and packaging goods, supervision, and other items and non-personal services necessary to perform Hazardous Waste Services for the Tomah VA Medical Center (Facility) as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. Contractor must take into account the special treatment of hazardous waste, as well as the environmental implications related to the management of this waste including personal protective equipment (PPE). Upon notification by the Contracting Officer (CO) through the issuance of an award letter, the Contractor shall perform hazardous waste removal in areas covered under this contract in coordination and upon the notification of the Contracting Officers Representative (COR) or COR’s designee.

5.2 Hazardous Material/Waste Services: Hazardous waste services includes inventorying, assigning waste codes, packaging, labeling, manifesting, transportation, and proper disposal of hazardous wastes generated at the Facility. Contractor must have the resources and technical capability of classifying and identifying all waste streams generated at the facility. Facility and COR will not be responsible for classifying waste or assigning waste codes as needed for transportation and disposal.

5.3 Quantities: Quantities listed in Technical Exhibit 3 – Unit Schedule will vary and the Facility makes no guarantee that a pickup will contain or be limited to the estimated amounts.

5.4 Routine Pickup Schedule: Routine hazardous waste pickups shall occur at the primary Facility (500 East Veterans St., Tomah, Wisconsin) on a quarterly basis or a minimum of 4 times per year. The Contractor shall coordinate the routine pickup with the COR or the COR’s designee. At least one (1) weeks’ notice shall be given for any rescheduled pickup and pickups are to be rescheduled within 2 weeks of the routinely scheduled pickup. The Contractor shall coordinate and schedule the routine pickup with the COR or the COR’s designee. COR’s or designee’s approval of the date and estimated arrival time shall be obtained a minimum of 1 week in advance of the event.

5.5 Routine Waste Disposal Pickup Location(s): For routine pickups, the Contractor shall pickup hazardous material from the central accumulation area (CAA) at B403, Rm. 1300, 500 East Veterans St., Tomah, Wisconsin. Occasional pickups may be required within the Tomah VA Medical Center campus, such as at B40, Maintenance and Operations shop. Contractor shall be responsible for providing the transport equipment, supplies and labor necessary to move wastes to the Contractors vehicle. COR or designee may request Contractor to pick up materials from other satellite accumulation areas (SAAs) during non-routine events if it is impracticable to move the materials to the CAA.

5.6 Procedures for Providing Routine-Service: To the best of his/her ability the COR or designee will provide the Contractor with a list of items or inventory of waste to be removed from the CAA prior to the scheduled pickup event. Contractor must have the appropriate vehicle, equipment, packaging, and labels to remove all the waste located in the CAA at the time of the pickup. If desired, Contractor may perform independent waste inventory or confirm this inventory prior to the scheduled pickup date.

5.7 Non-Routine Events: Non-routine events may include scheduled or non- scheduled pickup events. Events may include, but not be limited to, pharmacy and laboratory cleanouts, pickups at SAAs, or emergency services in the event of a spill or disaster.

a) If it is illegal, unsafe, or impracticable to move select materials from a SAA to the Facility’s CAA, COR or designee may request that the Contractor pickup hazardous waste at a location other than the CAA in conjunction with a routine hazardous waste pickup. Contractor will be responsible for providing the transport equipment, supplies and labor necessary to move wastes from the SAA to the Contractors vehicle. Notification of such an event will occur at least 1 week prior to the routine hazardous waste pickup. Major or special events, including laboratory clean outs will be coordinated or scheduled with Contractor well in advance of the pickup to allow sufficient time for the Contractor to inventory the wastes.

b) In the event of an emergency or disaster, COR may request emergency hazardous waste services from Contractor. Upon notification of an emergency, the Contract Manager shall respond by telephone within one (1) hour to speak with the COR to initiate emergency services. Upon receiving direction by the CO, Contractor personnel shall begin emergency work within twenty-four hours. The CO will notify the Contractor as soon as an emergency requirement is known. Total emergency services are not expected to exceed 4 calls per year.

5.8 Packaging, Materials and Labeling: All hazardous material/waste identified for pickup shall be contained or enclosed to prevent leaking or spilling. The Contractor shall supply all packaging materials. Containers shall be leak proof, puncture proof, stackable and transportable, damage free, in good working order at all times and comply with Federal, State and Local laws. The Contractor shall supply all labels, placards necessary to satisfy Federal, State and Local laws for package content identification, transportation over public thoroughfares and transfer to any company involved in the destruction, recovery or burial of hazardous material. Labels and placards shall be of size, shape, color and format required by regulatory bodies and affix by the Contractor in accordance with requirements or current industry practice.

5.9 Bulk Hazardous Materials: Not Applicable.

5.10 Hauling: The Contractor shall use approved hauling routes as defined by the COR to prevent interference with facility operations. The Contractor shall ensure all spillage or leaks are promptly cleaned-up from any transportation route if such spillage or leaks are from hauling equipment and vehicles.

5.11 Listing and Manifesting: The Contractor shall visit the facility or utilize inventory provided by the Facility and list all materials being packaged in a "lab pack" form, and all materials packaged in drums or containers, or transferred from the Facility storage container to the Contractor’s container(s). This shall constitute a packing list. A manifest shall be created by the Contractor on Contractor provided forms and shall be in compliance with all Federal, State and Local laws.

5.12 Methodology for Disposal: All hazardous material/waste collected by the Contractor shall be disposed of in accordance with Federal, State and local laws and regulations and in accordance with the Conformance Standards. Contractor shall be responsible for waste profiling and obtaining disposal facility’s approval(s). All disposal and/or destruction is to occur off the facility. The Contractor shall provide the COR with a copy of such documentation necessary to verify the proper disposal of all materials.

5.13 Reporting Documents: The Contractor will be responsible for generating all reports and documentation in conjunction with amount, transport, disposal, or destruction of all waste material under this contract. This shall include submission copies of the manifests of disposal/destruction to all Federal, State and Local agencies. Reporting documentation shall also include:

a) Pickup certification: The Contractor shall, prior to departing the Facility, certify the numbers of containers picked up during each visit. A signature shall be obtained from the COR or authorized designee for proof of pickup. Failure to obtain signature could result in a delay in payment. A copy of the above documentation shall be provided to the COR or designee prior to departing from the site. The above certification can be included as part of the Transportation Manifest.

b) Transportation Manifests: Contractor shall provide copies of manifests covering transport of the waste from pickup at the Facility to its destination. Manifests shall show pickup time and date, arrival time and date at the disposal site, weights and other certifications as required by the EPA and the State of Wisconsin. One copy of the manifest shall be provided to the COR or designee at the time of pickup. The signed copy of the manifest by the designated facility owner or operator certifying receipt of the hazardous materials must be received by the COR or designee within 35 days of the waste pickup. Electronic copies of the manifests shall be provided with invoice.

c) Certificates of Destruction: Original certifications of proper disposal/destruction certifying the proper disposal of waste shall be provided to the COR and/or his/her designee on an annual basis.

d) Summary of Services: Contractor shall provide a summary of services after each pickup which includes the running totals of the weights of each waste stream…