Revised_ D1. Attachment 1 - Hazardous Waste SOW.doc

Solicitation Number 36C25624Q0345

REVISED 2024-2029 STATEMENT OF WORK

FOR

UNIVERSAL AND HAZARDOUS WASTE REMOVAL

1.

DESCRIPTION OF SERVICES.

The Contractor shall provide all universal and hazardous waste disposal services at the Michael E. DeBakey VA Medical Center and Eleven (11 each) external Community-Based Outpatient Clinics (CBOCs) locations, as identified in accordance with the terms and conditions set forth in this contract. Michael E. DeBakey VA Medical Center and the CBOCS could possibly generate all Texas classified Universal Waste (for example, paint and paint related items, lamps, batteries, etc.). Hazardous waste includes, but not limited to, pharmaceuticals, inhalers, pathology lab staining liquids (xylene, solvents and chemicals), chemicals from research lab, items used by engineering (lubricating oils) and bulk chemo. The services provided, as minimum shall include all necessary labor, transportation, fuel cost, supplies (carts, dollies), travel, supervision, equipment, rental equipment (U-Haul size trucks) , tools, and materials to inventory, pack, pick-up, transport, store, treat and dispose of universal and hazardous (P, U, & D-listed) lab pack, bulk solvent, bulk chemo waste and pharmaceutical /biological sharps waste, and hazardous pharmaceutical and nonhazardous pharmaceutical waste that may include non-hazardous materials to ensure strict compliance with EPA 40 CFR RCRA, DOT 49 CFR, and TCEQ 30 TAC 335 regulations in accordance with the terms and conditions of the contract. The contractor shall perform to the standards in the contract as well as all local, state, and federal regulations. This service will be performed during the period July 1, 2024 (or date of award, if later), through June 30, 2025, with four (4) options to renew for a period of one (1) year each. The Contracting Officer upon receiving written notification from the COR to exercise the next option year will unilaterally exercise each option year period with prior notice to the contractor.

This solicitation will establish a price for the removal of universal and hazardous wastes during the proposed period; this price shall be used to evaluate offers. The Contractor shall invoice for each removal, and only for the service cost expended for each removal.

**This will be a Firm-Fixed Price contract. The prices accepted in the schedule will include all costs and fees for this service. The Government will pay for no further fees or costs.

1.1 Collection Requirements.

1.1.1 Frequency of Hazardous Waste Service

1.1.2 The contractor shall provide bi-monthly hazardous waste disposal services at Michael E. DeBakey VA Medical Center, 2002 Holcombe Blvd., Houston, TX 77030-4298. The primary site buildings included in this service are Bldg. 100, 102, 103, 104, 104A, 105, 106, 109, 110, and one (1) exterior HW storage building. Waste is transported to one area in each of the buildings listed above by MEDVAMC staff. The contractor is asked to pick up waste from these specific locations. Building 100 has many pick up areas (SAAs). In building 100, the contractor is required to pick up waste in each medication room on each nursing unit, the laboratory and the west dock area. All other buildings generally only have one room location for pickup. However, occasionally the contractor will be asked to go to a specific room to collect due to safety and transporting concerns. All waste collected in medication rooms are located in containers and containers are secured in wall cabinets. All wall cabinets are the responsibility of the facility. All waste containers are the responsibility of the contractor. The contractor is responsible for providing these 5qrt RCRA waste containers. The contractor is responsible for using the key provided by the facility to change out full containers and replace with a new container when needed. The contractor is responsible for providing any specific labeling or details required by current RCRA regulations. The contractor is required to write the room number and start accumulation date on all new containers. All waste containers collected must be transported to the exterior HW storage building (CAA). All waste must be properly labeled when placed in this storage area (including accumulation start date, hazardous waste if hazardous and the appropriate hazard classification). The contractor is required to provide these services twice a month, following a schedule both the facility and the contractor agreed to. Monthly, according to the schedule both the facility and contractor agreed to, the contractor is responsible for removing all waste collected for the month from the exterior HW storage building. Annually, the contractor will be required to remove all containers located in SAAs and replace with new containers with appropriate labeling. The contractor is required to manage all areas as required by RCRA regulations and ensure that proper labels are provided and placed on all containers. If there are new laws and regulations that require a change in the practice of managing the waste, the contractor will be required to assist with these requests. The contractor is required to provide at least two workers to pick up waste at collection locations throughout the facility and transport the waste to the exterior HW storage building twice a month according to the agreed schedule. The vendor is required to provide at least two additional workers to collect, manifest and remove waste from the exterior HW storage building/facility once a month according to the agreed schedule. We require these days to be consistent (example : every 2nd and 4th Tuesday of the Month) therefore working out an approved schedule at the beginning. For example, a typical monthly schedule may look like this: March 5, 2024: Waste pickup from specific locations throughout the facility and transported to the exterior HW storage building. March 19, 2024: Waste pickup from specific locations throughout the facility and transported to the exterior HW storage building & waste removal from the facility to an approved disposal site. First collection will be transported over to the Main CAA. Second collection of the month will be transported over to the Main CAA. During the 2nd collection, all waste (1st and 2nd collections), will be manifested and removed from the site. However, there may be unscheduled collections upon the facility request.

1.1.3 The contractor shall provide semi-annual hazardous waste disposal services at Eleven (11 each) externally located Community-Based Outpatient Clinics (CBOCs) as follows:

A. Beaumont Outpatient Clinic (BOPC) – 3420 Veterans Circle, Beaumont, TX. 77707.

B. Lufkin Outpatient Clinic (LOPC) – 2206 North John Redditt Drive, Lufkin, TX. 75904-1776.

C. Conroe Outpatient Clinic (COBC) – 690 South Loop 336 West, Suite 300, Conroe, TX. 77304.

D. Katy Outpatient Clinic (KOPC) – 750 Westgreen Blvd.,Westgreen Professional Building, Katy, TX. 77450.

E. Texas City Outpatient Clinic (TXCOPC) – 9300 Emmett F. Lowery Expressway, Suite 206, Texas City, TX. 77591.

F. Galveston Outpatient Clinic (GOPC) – 3828 Avenue N, Galveston, TX. 77550.

G. Richmond Outpatient Clinic (ROPC) – 22001 Southwest, Freeway, Suite 200, Richmond, TX. 77469.

H. Lake Jackson Outpatient Clinic (LJOPC) – 208 Oak Drive South, Suite 700, Lake Jackson, TX. 77566.

I. Tomball Outpatient Clinic (TOPC) – 1200 W. Main Street, Tomball, TX. 77375.

J. Sugar Land Outpatient Clinic (SLOPC) – 1327 Lake Pointe Parkway, Suite 515, Sugar Land, TX 77478.

K. Kingwood Outpatient Clinic (KOPC) – 1485 FM 1960 Bypass Road East, Humble Medical Plaza, Suite 340, Humble, TX 77338.

1.1.4 The Contractor shall provide the Michael E. DeBakey VA Medical Center and Eleven (11 each) external Community-Based Outpatient Clinics (CBOCs) locations, as identified in accordance with the terms and conditions set forth in this contract. The universal and hazardous waste removal services which will include all services, materials, supplies, labor, analysis for waste determination, segregation and support to categorize, package, transport, document, treat and dispose of all universal and hazardous wastes, with the exception of radioactive waste. The Contractor will have sufficient personnel, vehicles, equipment, expendable and durable goods to perform the duties required without additional support from the VA.

1.2 Routes/Schedules Submittals. The contractor shall establish a collection schedule, which will be submitted to the Contracting Officers Representative (COR) seven (7) days prior to the start of contract performance. The pickups will be scheduled of sufficient frequency to insure no universal and hazardous waste remains on VA property for more than 90 days or a maximum of 180 days and/or to maintain the onsite storage facilities in compliance with current EPA regulations. No changes are allowed to this schedule without COR approval.

1.3 Unscheduled Collections. The COR may require the contractor to make unscheduled collections or disposals, for special events or other occasions. The contractor shall respond within 24 hours of the event. Unscheduled services shall be ordered and billed by a separate purchase order. The cost for this collection will be in accordance with the unit pricing limits established at the time this contract is signed. The government will communicate with the contractor to manage these circumstances.

1.4 Inclement Weather Schedule. The contractor shall collect universal and hazardous waste during periods of inclement weather. In cases of severe weather, the COR may authorize exceptions. When exceptions are granted, the contractor shall make up all missed collections within 24 hours after the severe weather has terminated, unless the COR authorizes additional time.

1.5 Government-Approved Containers. All containers used for collection, storage and transport of universal and hazardous waste will be contractor-provided and DOT government-approved containers, unless otherwise identified by the COR. The contractor shall provide transportation containers for lab packs, over pack, totes for bulk chemicals and compressed gas cylinders, in addition to all packing materials and labels. The facility require working with overpacks, 55 gallon containers, 55 gallon steel drums, and 5 qrt RCRA containers for the wall cabinets and 8-12 quart RCRA containers for Bulk chemo. Generally, 55 gallon drums and 30 gal drums are needed for aerosols. Other lab packs and sizes may be needed depending on the type and amount of waste generated. Container and transportation compliance should follow that required by DOT (DOT 49 CFR, State (TCEQ 30 TAC 335 ) and Federal (EPA 40 CFR RCRA) regulations.

2.

Contractor’s Responsibilities.

While accomplishing any work under this contract the Contractor is totally responsible for his/her full compliance with any and applicable, federal, state, and local government policies, regulations, procedures, specifications, etc., that apply to work of this nature. In addition, the Contractor must obtain and keep current all licenses, permits, fees, etc., that may be required by local, state and federal agencies to accomplish the work.

2.1 Management of records. The contractor shall track and/or manage all manifests and/or bills of lading for all materials removed under this contract, regardless of the hazards associated with any individual material or manifest. The contractor shall track and/or manage all manifests and/or bills of lading generated by any and all subcontractors or third parties that the contractor chooses to retain, in conjunction with the handling, packaging, transport, storage, treatment, recycling and/or disposal of all universal and hazardous materials removed under this contract.

2.2 The contractor shall ensure the accuracy of all universal and hazardous waste manifests generated because of work performed under this contract, from the time the manifest is generated to final disposition at a licensed Treatment, Storage, and Disposal Facility (TSDF) or recycling facility. The contractor shall promptly notify the COR of any and all manifest discrepancies from generation to final disposition, and take whatever actions are necessary to correct them to the satisfaction of the COR. Waste manifests are reviewed by the vendor and govt before signing on removal date. If there are any discrepancies found thereafter, govt will contact the vendor and expect corrections to manifest before sending through the electronic reporting system. Manifests are public through the electronic reporting system: https://rcrainfo.epa.gov 2.3 The contractor shall insure that proof of receipt of hazardous materials is provided to the COR within 45 days of the date the manifest is generated. Acceptable forms of proof are limited to a) the original manifest, signed and dated by the receiving TSDF, or b) a certification of recycling/destruction. If proof of receipt cannot be obtained within 45 days, the contractor shall file an exception report with Federal EPA Region 6 or Texas Commission on Environmental Quality (TCEQ) as applicable on the VA’s behalf and provide copies of all such documentation to the VA contract COR.

3.

CONTRACTOR’S WORK HOURS.

Unless otherwise agreed upon, all work shall be performed at Michael E. DeBakey VA Medical Center and Eleven (11 each) external Community-Based Outpatient Clinics (CBOCs) locations between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday, excluding the Federal holidays listed below. Collection and removal day should be scheduled for one day only, twice a month, unless otherwise requested by the facility. The Contractor will perform unscheduled work on mutually agreed upon dates to occur no more than five (5) business days from initial request. Modifications to these work hours may be granted by the COR, but they must be requested by the contractor not less than five (5) business days prior to their implementation. Regardless of the work hours agreed on, all work will be performed under the cognizance of the COR or their representative, who will remain on station until all work for that day is finished.

Federal Holidays

New Year’s Day

-1 January

Birthday of Martin Luther King Jr.

-Third Monday in January

Washington’s Birthday

-Third Monday in February

Memorial Day

-Last Monday in May

Juneteenth National Independence Day -19th of June

Independence Day

-4th of July

Labor Day

-First Monday in September

Columbus Day

-Second Monday in October

Veterans Day

-11th of November

Thanksgiving Day

-Fourth Thursday in November

Christmas Day

-25th of December

AND any other day specifically declared by the President of the United States to be a national holiday.

If a holiday falls on a Saturday, the preceding Friday will be treated as a holiday. If a holiday falls on a Sunday, the following Monday will be treated as a holiday.

4.

SCHEDULE OF UNIT COSTS

The contractor shall establish a schedule of standard unit costs, which will be the basis for billing all work. The services provided, as minimum shall include all necessary labor, transportation, fuel cost, supplies, travel, supervision, equipment, rental equipment, tools, and materials to inventory, pack, pick-up, transport, store, treat and dispose of universal and hazardous (P, U, & D-listed) lab pack, bulk solvent, bulk chemo waste, pharmaceutical/biological sharps waste, hazardous pharmaceutical and nonhazardous pharmaceutical waste that may include non-hazardous materials to ensure strict compliance with EPA 40 CFR RCRA, DOT 49 CFR, and TCEQ 30 TAC 335 regulations in accordance with the terms and conditions of the contract, except radioactive waste. All waste is measured in lbs. except where measuring in tons is more appropriate.

4.1

INVOICE AND CONTRACTOR PAYMENT INSTRUCTIONS.

4.1.1 The Contractor will be required to provide original invoices for all work completed under this contract. Invoices shall separately itemize a) labor, b) materials and c) services provided. Total cost to the VA of invoiced work shall be the sum of itemized charges and fees. A complete invoice must provide bottom-line figures for every ounce of material (in pounds) received by the contractor all material received under this contract must be accounted for per CLIN Code and/or Texas Waste Code.

4.1.2 Contractor shall submit completed invoices within 45 days of pickup of universal and hazardous waste from the Michael E. DeBakey VA Medical Center facilities listed within this contract: NO PARTIAL INVOICES WILL BE ACCEPTED.

5.

DISPOSAL

Disposal of universal and hazardous wastes shall be in accordance with current local, state, and federal solid waste regulations. The contractor shall be responsible for any permit or fees associated with the use of disposal or recycling locations.

6.

EQUIPMENT MAINTENANCE.

The contractor shall maintain all containers and government facilities ensuring they are free of unpleasant odors, dirt, debris and pests. All containers must remain in good, workable condition. Trucks and trailers used for hauling and collecting shall be equipped as required to ensure they can perform the services required. Each vehicle will have sufficient spill containment materials to respond to emergencies resulting from loss of containment, chemical reaction or other hazardous conditions.

7.

SITE SAFETY PLAN.

The Contractor shall submit a detailed site safety plan which will be used to ensure that the workers and VA staff will be adequately protected during all onsite activities involving universal and hazardous waste disposal services, regardless of the location.

8.

PERSONNEL QUALIFICATIONS AND SAFETY.

8.1 On-Site Personnel Qualifications: The Contractor shall supply all documentation to fulfill Contractor PIV Badge registration for all employees who are likely to perform work under this solicitation within 30 days of contract award date. The Contractor shall certify the Contractor’s supervisor(s) and all technicians that will segregate, handle, categorize, package or store hazardous materials at the Michael E. DeBakey VA Medical Center have received at least the minimum training required by law as specified on 29 CFR 1910.120.

8.2 The contractor shall supply documentation that management of hazardous waste is their primary business, as a minimum the contractor shall provide experience or established business operation of 10 or 15 years; previous proof of providing such services to medical facilities of this size and complexity with CBOCs; or 5 or more different projects, with job scopes like those described in this request that the contractor has performed in the past 3 years.

8.3 Subcontractor Qualifications. The Contractor must identify any proposed subcontractors, their years of experience, identify services to be performed by the subcontractors and training. The Contractor must submit evidence that subcontractor is qualified and legally able to provide the contracted services. The Contractor shall certify the subcontractor’s supervisor(s) and all technicians that will perform waste determinations, categorization, storage, packaging, transport and/or special handling of high risk hazardous materials at the Michael E. DeBakey VA Medical Center have received EPA, OSHA and any other specialized training or certification required by law to safely protect personnel and the environment. No subcontracting shall be permitted without prior approval of the Contracting Officer.

8.4 Identification. Contractor personnel working at Michael E. DeBakey VA Medical Center or any CBOC must possess identification badges or other documentation indicating that they work for the contractor. This identification must be kept in their possession always. Personnel may be required to show identification at time of pick-up or in response to an inquiry by VA Police.

8.5 Laws and Regulations. The Contractor will comply with all applicable OSHA, EPA, 49 CFR (DOT), including but not limited to HM-18 and all other federal, state, and local laws and regulations.

8.6 Proof of EPA Identification. The Contractor shall provide proof (copy of certificate) of US EPA Identification number(s) for each business entity operated by the Contractor that will provide service regarding any aspect of hazardous waste disposal for the Michael E. DeBakey VA Medical Center.

8.7 Proof of Registration. The Contractor shall provide proof (copy of certificate) of all registrations required by Federal, State or local governments to transport, store and/or dispose of universal and hazardous wastes. The Contractor shall provide this information for each business entity operated by the Contractor that will provide universal and hazardous waste transportation services.

8.8 Proof of “Request for Certification of Destruction.” The Contractor shall provide proof requesting “Certification of Destruction/Recycling” from ultimate Treatment, Storage, and Disposal Facility (TSDF) Disposal Site.

8.9 Proof of Business Licenses. The Contractor is responsible for acquisition of all applicable business licenses and permits required by law. The Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits. The vendor should be well aware of all permits and licenses that are required by law and regulations of Houston local government & Texas: Texas Department of Health Services http://www.dshs.texas.gov/ , and Federal: The U.S Department of Transportation (USDOT) https://www.transportation.gov/ and the U.S Environmental Protection Agency (EPA) http://www.epa.gov/ . At the least transporters should have the following: EPA ID number (Permit) Title 40 CFR Part 263 , DOT ID Number (Permit) 49 CFR Parts 173, 177, and 178 and 30 TAC 335.6(d), 335.11, and 335.91–335.94.

8.10 Citations and Violations. The Contractor shall list, for the past three years, any violations and/or citations that the Contractor has received for non-compliance with any universal and hazardous waste laws and permit requirements, and/or OSHA or EPA regulations. The Contractor shall include information for all related business entitles including associated firms that are owned by the Contractor or owned by a common parent company that will be involved in any portion of the processing of the wastes generated by the MEDVAMC. If no discharge or violations have occurred, Contractor must provide a statement that certifies no discharges or violations have occurred.

8.11 Transportation Qualifications. Transportation compliance should follow that required by DOT (DOT 49 CFR, State (TCEQ 30 TAC 335 ) and Federal (EPA 40 CFR RCRA) regulations. The Contractor shall submit the following information regarding the universal and hazardous waste fleet owned and operated by the Contractor:

· Basic description of transportation services offered and capabilities;

· Fleet description of number, types, and ages of vehicles;

· Description of service and maintenance programs;

· Types of materials licensed to haul;

· Latest DOT or TXDOT rating (include a copy of the last inspection);

· The DOT/TXDOT compliance record, and;

· Description of driver qualifications including training programs, experience and driving records.

8.12 Emergency Response Qualifications. The contractor will be required to provide a 24 hours local emergency waste removal vendor for any unplanned accidental activity or accidental spills. The Contractor is responsible for performing and providing emergency chemical spills or leaks response (ER) to the MEDVAMC as needed and to situations that may arise from the handling, packaging, transport, storage, treatment, recycling and/or disposal of VA waste while in the contractor’s possession. The contractor shall provide:

· Contractor’s ER policies;

· ER fee(s), capabilities and experience and limitations;

· Type of ER equipment maintained (specify if owned or subcontracted and from whom);

· Contractor’s emergency response procedure shall describe how to request an emergency response:

· A. How the Contractor notifies personnel and initiates the response action;

· B. Incident command procedures followed by the Contractor;

· C. ER work practices;

· D. ER protection of health and safety practices; and

· E. ER invoicing policy.

8.13 Training Programs. The Contractor shall describe the training programs used to protect the health and safety of employees and to develop the capabilities and expertise of employees. The Contractor should address the types and content of initial and on-going training, frequency of training, trainer qualifications, and training program regulatory compliance.

9.

SPECIAL CONTRACT REQUIREMENTS.

9.1 Vehicle Specifications. Each vehicle used in the performance of this contract must meet the specifications required by the State of Texas, as well as the state, city and/or counties where services are to be performed.

9.2 Permits and Licenses. Prior to the performance of any services under this contract, the contractor shall provide a copy of all permits required in the normal operation of its business to the Contracting Officer.

9.3 The contractor shall be able to take immediate action to mitigate, provide remediation or abate environmental hazards arising from the services provided, either by the parent company or subcontractors in their employ.

9.4 Contractor shall be responsible for indemnification from financial loss resulting from the services provided, either by the parent firm or subcontractors in their employ, to include civil liability and regulatory citation.

10.

SERVICE DELIVERY SUMMARY.

The contractor service requirements are summarized into performance objectives that relate directly to facility essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to contract success and compliance with applicable local, state, and federal regulations.

No more than 1 deviation per year @ 180 days.

EPA or State Fines/Penalties assessed to the Michael E. DeBakey VA Medical Center will be subtracted from invoices submitted by the contractor.

Maintain equipment in good workable condition.

Trucks and pick-up equipment adequate to do the job.

FAR Clause 52.212-4(a)

11.

GENERAL INFORMATION.

11.1 QUALITY CONTROL: The contractor shall develop and maintain a quality program to ensure refuse and recycling services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the contractor shall develop quality control procedures addressing the areas identified in paragraph 10, Service Delivery Summary.

11.2 QUALITY ASSURANCE: The government will periodically evaluate the contractor performance by appointing a representative(s) to monitor performance to ensure services are received. The government may inspect each task as completed or increases the number of quality control inspections if deemed appropriate because of repeated failures during quality control inspections or because of repeated complaints. Likewise, the government may decrease the number of quality control inspections if performance dictates.