36C25625Q0323.docx

36C25625Q0323

GENERAL INFORMATION

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

POINT OF CONTACT*

Contracting Officer Arlene A. Blade arlene.blade@va.gov

(318) 466-4281

PLACE OF PERFORMANCE

CENTRAL ARKANSAS VETERANS HEALTHCARE SYSTEM

2200 FORT ROOTS DRIVE

NORTH LITTLE ROCK AR

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes they only solicitation; quotes are being requested and a written solicitation will not be issued.

The combined synopsis/solicitation number is 36C25625Q0323. It is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03 dated January 17, 2025. This competitive solicitation is being issued as a Total Service Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 562211 (Hazardous Waste Treatment and Disposal), with a small business size standard of $47.0.

Contractor is required to be actively registered in the System for Award Management (SAM) and the Small Business Administration (SBA). SDVOSB concerns shall be actively registered and verified in the VetCert website.

Central Arkansas Veterans Healthcare System is seeking a contractor for the collection, sorting, packaging, removal and disposal of hazardous, nonhazardous, pharmaceutical and universal wastes in the most environmentally preferred method, (i.e. means of incineration, fuel blending, and/or reclamation/recycling) in a timely manner in accordance with all Federal, State and local regulations.

Disposal includes the collection, preparation and packaging on site, shipping and disposal in compliance with all existing laws and regulations of the United States including, but not limited to EPA Hazardous Waste Regulations in 40 CFR 260 et seq; EPA storage and disposal regulations in 40 CFR 761 et seq.: Arkansas Hazardous Waste Management Code (latest edition); Hazardous Material Transportation Regulations in 49 CFR 100 et seq.; and laws and regulations of any state, country, township or municipal subdivision thereof or other governmental agency which may be applicable to the removal, transportation and disposal of the waste.

The Contractor is to perform weekly or biweekly removal of pharmaceutical and hazardous waste from within the LR and NLR campuses (1x per week/biweekly each). The waste will be packaged in preparation for removal. Waste will be on each ward in 2 locations per ward (approximately 55 locations); Provide staff that will collect and segregate waste medications into hazardous, nonhazardous and P and U listed wastes and weigh each category, document/inventory the items and provide totals to the COR/GEMS Program manager weekly/biweekly; Staff must be trained to handle hazardous wastes and materials, narcotics and spills to include clean up and disposal.

John L McClellan Memorial Hospital, Little Rock, and the VA Medical Center, North Little Rock, Arkansas facilities produce hazardous and nonhazardous wastes, pharmaceutical wastes and universal wastes as defined by the U.S. Environmental Protection Agency. Both facilities require services for collection, sorting, removal, transportation and disposal by an EPA approved Hazardous Waste Contractor. Waste will be picked up at multiple locations at 4300 West 7th St., Little Rock, AR and 2200 Fort Roots Drive, North Little Rock, AR.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Company Name: __________________________________________ Address: _________________________________________________

POC: ____________________________________________________

Phone#: ____________________ Email: _______________________ UEI#: ____________________ Tax ID#: _____________________ GSA/FSS, NAC/SEWP Contract# (if applicable): _________________

b. GOVERNMENT: Contracting Officer 36C256 ARLENE A. BLADE

ALEXANDRIA VA HEALTH CARE SYSTEM

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

0. Tungsten e-Invoice Setup Information: 1-877-489-6135

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

0. FSC e-Invoice Contact Information: 1-877-353-9791

0. FSC e-Invoice Payment

0. http://www.fsc.va.gov/fsc/einvoice.asp

FSC e-Invoice email: vafsccshd@va.gov ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

The objective of this contract is for the collection, sorting, packaging, removal, and disposal of hazardous, nonhazardous, pharmaceutical and universal wastes in the most environmentally preferred method, (i.e. means of incineration, fuel blending, and/or reclamation/recycling) in a timely manner in accordance with all Federal, State and local regulations . Contractor shall provide all labor and personnel for hazardous waste, nonhazardous waste and universal waste service to include completion of manifests, materials, supervision, equipment, labels, collection, analyzing, sorting, preparation, packaging, transportation and disposal of hazardous waste by means of incineration, fuel blending, and/or reclamation/recycling for John L. McClellan Memorial Veterans Hospital in Little Rock, AR and the Eugene Towbin Medical Center in North Little Rock, AR, together known as Central Arkansas Veterans Healthcare System (CAVHS). The contractor shall adhere to these requirements in accordance with (IAW) all terms, conditions, provisions, schedules, and specifications of this SOW, local, state, federal and VHA regulations.

Contract Period: Ordering Period 1 POP Begin: 06-15-2025 POP End: 06-14-2026 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

The objective of this contract is for the collection, sorting, packaging, removal, and disposal of hazardous, nonhazardous, pharmaceutical and universal wastes in the most environmentally preferred method, (i.e. means of incineration, fuel blending, and/or reclamation/recycling) in a timely manner in accordance with all Federal, State and local regulations . Contractor shall provide all labor and personnel for hazardous waste, nonhazardous waste and universal waste service to include completion of manifests, materials, supervision, equipment, labels, collection, analyzing, sorting, preparation, packaging, transportation and disposal of hazardous waste by means of incineration, fuel blending, and/or reclamation/recycling for John L. McClellan Memorial Veterans Hospital in Little Rock, AR and the Eugene Towbin Medical Center in North Little Rock, AR, together known as Central Arkansas Veterans Healthcare System (CAVHS). The contractor shall adhere to these requirements in accordance with (IAW) all terms, conditions, provisions, schedules, and specifications of this SOW, local, state, federal and VHA regulations.

Contract Period: Ordering Period 2 POP Begin: 06-15-2026 POP End: 06-14-2027

The objective of this contract is for the collection, sorting, packaging, removal, and disposal of hazardous, nonhazardous, pharmaceutical and universal wastes in the most environmentally preferred method, (i.e. means of incineration, fuel blending, and/or reclamation/recycling) in a timely manner in accordance with all Federal, State and local regulations. Contractor shall provide all labor and personnel for hazardous waste, nonhazardous waste and universal waste service to include completion of manifests, materials, supervision, equipment, labels, collection, analyzing, sorting, preparation, packaging, transportation and disposal of hazardous waste by means of incineration, fuel blending, and/or reclamation/recycling for John L. McClellan Memorial Veterans Hospital in Little Rock, AR and the Eugene Towbin Medical Center in North Little Rock, AR, together known as Central Arkansas Veterans Healthcare System (CAVHS). The contractor shall adhere to these requirements in accordance with (IAW) all terms, conditions, provisions, schedules, and specifications of this SOW, local, state, federal and VHA regulations.

Contract Period: Ordering Period 3 POP Begin: 06-15-2027 POP End: 06-14-2028

The objective of this contract is for the collection, sorting, packaging, removal, and disposal of hazardous, nonhazardous, pharmaceutical and universal wastes in the most environmentally preferred method, (i.e. means of incineration, fuel blending, and/or reclamation/recycling) in a timely manner in accordance with all Federal, State and local regulations. Contractor shall provide all labor and personnel for hazardous waste, nonhazardous waste and universal waste service to include completion of manifests, materials, supervision, equipment, labels, collection, analyzing, sorting, preparation, packaging, transportation and disposal of hazardous waste by means of incineration, fuel blending, and/or reclamation/recycling for John L. McClellan Memorial Veterans Hospital in Little Rock, AR and the Eugene Towbin Medical Center in North Little Rock, AR, together known as Central Arkansas Veterans Healthcare System (CAVHS). The contractor shall adhere to these requirements in accordance with (IAW) all terms, conditions, provisions, schedules, and specifications of this SOW, local, state, federal and VHA regulations.

Contract Period: Ordering Period 4 POP Begin: 06-15-2028 POP End: 06-14-2029

The objective of this contract is for the collection, sorting, packaging, removal, and disposal of hazardous, nonhazardous, pharmaceutical and universal wastes in the most environmentally preferred method, (i.e. means of incineration, fuel blending, and/or reclamation/recycling) in a timely manner in accordance with all Federal, State and local regulations. Contractor shall provide all labor and personnel for hazardous waste, nonhazardous waste and universal waste service to include completion of manifests, materials, supervision, equipment, labels, collection, analyzing, sorting, preparation, packaging, transportation and disposal of hazardous waste by means of incineration, fuel blending, and/or reclamation/recycling for John L. McClellan Memorial Veterans Hospital in Little Rock, AR and the Eugene Towbin Medical Center in North Little Rock, AR, together known as Central Arkansas Veterans Healthcare System (CAVHS). The contractor shall adhere to these requirements in accordance with (IAW) all terms, conditions, provisions, schedules, and specifications of this SOW, local, state, federal and VHA regulations.

Contract Period: Ordering Period 5 POP Begin: 06-15-2029 POP End: 06-14-2030

B.3 DELIVERY SCHEDULE

CENTRAL ARKANSAS VETERANS HEAlTHCARE SYSTEM

2200 FORT ROOTS DRIVE

NORTH LITTLE ROCK, AR 72114

USA

501-257-1137 brian.green3@va.gov

SOW for Packaging, Transportation and Disposal of Hazardous and Universal Wastes

1. Contractor shall provide all labor and personnel for hazardous waste, nonhazardous waste and universal waste service to include completion of manifests, materials, supervision, equipment, labels, collection, analyzing, sorting, preparation, packaging, transportation and disposal of hazardous waste by means of incineration, fuel blending, and/or reclamation/recycling for John L. McClellan Memorial Veterans Hospital in Little Rock, AR and the Eugene Towbin Medical Center in North Little Rock, AR, together known as Central Arkansas Veterans Healthcare System (CAVHS). The contractor shall adhere to these requirements in accordance with (IAW) all terms, conditions, provisions, schedules, and specifications of this SOW, local, state, federal and VHA regulations.

Note* Quoters are to provide price per pack charges only. This price must be INCLUSIVE of ALL other costs, including but not limited to items as listed per statement of work, i.e., chemist fees, incineration fees, recovery fees, transporter fees, packaging, labor for preparation and packaging, administrative costs to provide required documentation, etc.

THE FOLLOWING CATEGORIES OF WASTE ARE SUBJECT TO THIS CONTRACT:

Hazardous Waste: Any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. Hazardous waste includes extremely hazardous material. This also includes all materials identified by the Resource Conservation and Recovery Act of 1976 (RCRA); Subtitle C, 40 CFR, Parts 260-265 and the State of California and Safety Code, Section 25117.

Extremely Hazardous Waste: This includes all materials also identified by the 1976 RCRA and State of California Health and Safety Code, Section 25115. This waste includes toxic corrosive acids, gases, chemicals, and solids which may be explosive, flammable or highly corrosive and could cause disease or serious injury to human health.

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

Special Medical Waste: As defined in the Medical Waste Management Act (MWMA) (Ca. Health and Safety Code, Sections 117600-118360 and 49CFR Part 173, Appendix G)

Universal Waste: EPA’s universal waste regulations streamline hazardous waste management standards for federally designated “universal waste” shall include: batteries, pesticides, mercury-containing equipment, and bulbs (lamps). Universal Waste regulations are set forth in 40 CFR part 273. Contractor will be responsible for compliance with state regulations in California and Nevada.

Asbestos Waste: As defined in 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos

Nonhazardous Waste: any type of industrial waste which, according to regulations, cannot be added to a dumpster or sewage line (i.e. sugars, lactic acid, bromides, or carbonates)

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

2. DESCRIPTION/ SOW

A. INTRODUCTION: John L McClellan Memorial Hospital, Little Rock, and the VA Medical Center, North Little Rock, Arkansas facilities produce hazardous and nonhazardous wastes, pharmaceutical wastes and universal wastes as defined by the U.S. Environmental Protection Agency. Both facilities require services for collection, sorting, removal, transportation and disposal by an EPA approved Hazardous Waste Contractor. Waste will be picked up at multiple locations at 4300 West 7th St., Little Rock, AR and 2200 Fort Roots Drive, North Little Rock, AR.

B. Disposal includes the collection, preparation and packaging on site, shipping and disposal in compliance with all existing laws and regulations of the United States including, but not limited to EPA Hazardous Waste Regulations in 40 CFR 260 et seq; EPA storage and disposal regulations in 40 CFR 761 et seq.: Arkansas Hazardous Waste Management Code (latest edition); Hazardous Material Transportation Regulations in 49 CFR 100 et seq.; and laws and regulations of any state, country, township or municipal subdivision thereof or other governmental agency which may be applicable to the removal, transportation and disposal of the waste.

C. Contractor to perform weekly or biweekly removal of pharmaceutical and hazardous waste from within the LR and NLR campuses (1x per week/biweekly each). The waste will be packaged in preparation for removal. Waste will be on each ward in 2 locations per ward (approximately 55 locations); Provide staff that will collect and segregate waste medications into hazardous, nonhazardous and P and U listed wastes and weigh each category, document/inventory the items and provide totals to the COR/GEMS Program manager weekly/biweekly; Staff must be trained to handle hazardous wastes and materials, narcotics and spills to include clean up and disposal.

D. The contractor shall obtain all permits, licenses, profiles, manifests and other forms of documentation required to comply with the above laws and regulations. Prior to commencement of contract performance Contractor shall provide Hazardous Waste Management Permit, Hazardous Waste Transportation Permit and information on the disposal Site. All manifests and permits shall be obtained and processed to all necessary agencies within the required notification period by the contractor. Upon contact from the Contracting Officers Representative (COR), the contractor shall pick up waste no more than six (6) times per year for each facility, unless otherwise approved by the contracting officer. Exact dates will be agreed upon by the COR and the Contractor subject to approval by the Contracting Officer. Work shall be performed during normal working hours for this facility (i.e.; 7:00 AM – 4:00 PM, Monday through Friday excluding Federal Holidays). If work must be performed during other than regular working hours, the contractor must coordinate with the COR to make necessary arrangements.

E. OBJECTIVE: The objective of this contract is for the collection, sorting, packaging, removal and disposal of hazardous, nonhazardous, pharmaceutical and universal wastes in the most environmentally preferred method, (i.e. means of incineration, fuel blending, and/or reclamation/recycling) in a timely manner in accordance with all Federal, State and local regulations.

F. QUANTITY AND DESCRIPTION: The facility generates hazardous, nonhazardous, universal and pharmaceutical waste. These wastes are located at various locations at CAVHS. The contractor shall provide information to the VA to judge whether the site is not only approved by Federal, state, and local governments, but also that they are operated with such integrity that there are no pending administrative or judicial actions, nor to the extent that can be reasonably determined are the site (s) likely to have same in the future non-regulated chemical waste. The waste typically comes from Clinical and Research Laboratories, Pharmacy and Engineering Shops.

A lab pack is an overpack container, usually steel or fiber drum containing small quantities of chemicals of the same hazardous class in either five (5), fifteen (15), thirty (30) or fifty-five (55) gallon size. Experience has shown that the majority of lab packs are of thirty-gallon size or smaller. The non-lab pack fifty-five-gallon drums or drums with overpacks will be billed at the fifty-five (55) gallon lab pack price for the appropriate DOT class. The contractor is expected to dispose of all waste generated at CAVHS in accordance with all provisions set forth in this contract. Any waste stream that cannot be handled by the contractor must be indicated in the proposal.

NOTES: EPA Waste Codes D001, D002, D003, D004, D005, D006, D007, D008, D009, D010, D011, D022, D040, F003, P001, P012, P075, P087, U012, U019, U044, U058, U122, and U246 are typical wastes generated by the medical center. Due to renovation work disposal of PCB containing ballasts may be required as well as asbestos countertops and small devices containing mercury.

G. SAFETY: The contractor must 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 ensure that its agents and employees perform the 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 for the proper performance of the task and in the areas of chemical incompatibility, general first aid procedures, and spills. Handling and personnel protective equipment shall be provided by the contractor and be appropriate to ensure safe handling of the hazardous waste. All employees present at the work site shall be trained to use all protective equipment. Prior to commencement of contract performance, Contractor shall provide references and record of required training.

H. MEDICAL SURVELLANCE: The contractor shall have a medical surveillance program for personnel involved in the direct handling and /or exposure to the chemical waste or to the chemical’s primary containers to detect and correct job-related injuries or conditions. Medical surveillance programs typically involve a medical history, an annual generated physical to assess an individual’s capability to work using respiratory-protective equipment, blood and urine tests to assess the status of an individual’s kidneys, liver, and nervous system and other laboratory tests for contaminants to which the person may be exposed; e.g.: heavy metals, organophosphate pesticides, etc.

I. TRANSPORTATION: The contractor shall have required EPA and state registry for hazardous waste transport and shall also have verifiable records of good shipping practices which may be checked through local DOT authorities. The Environmental Protection Agency Uniform Hazardous Waste Manifest shall be used unless superseded by other requirements.

a. The contractor shall, where possible, minimize interlining or intermediate stopping before reaching the disposal site. “Nose Loading” on less than full truckload (LTL) shipments shall be required by the contractor.

J. DISPOSAL: Contractor shall use their environmentally sound methods of recycling, treating and destruction of wastes. CAVHS requires recycling/reuse of wastes, whenever feasible, as a preferred of disposal. All methods for disposal must be in accordance with the EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. The pick-up area where containers are placed shall be maintained in a clean, orderly, sanitary condition. Attention shall be paid to the prompt cleanup of oil and/or grease spills, either generated from the vehicles used to haul containers or because of container leakage. Contractor furnished containers shall be kept neat, in clean and sanitary appearances, and repaired or replaced as necessary.

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

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

WITHOUT EXCEPTION – NO MATERIAL IN THE FORM OF BULK LIQUIDS, SEMI SOLIDS, SOLIDS, AND/OR SLUDGES MAY BE DISPOSED OF IN A LANDFILL WITHOUT PRIOR WRITTEN APPROVAL FROM THE CONTRACTING OFFICER.

The contractor shall submit a list of the items that will be disposed of by other means as listed in this section and will include the method and location for disposal for approval by the COR. If the landfill is owned and/or operated by a subcontractor or privately-owned entity, guidelines, regulations, and records in this contract shall apply. It is the prime contractor’s responsibility to comply with this specification.

K. CERTIFICATE OF DISPOSAL: The letter or Certificate of Disposal from the site verifying disposal will generally lag the manifest. A twenty percent (20%) retainage shall be withheld pending receipt of proof of disposal. The contractor shall provide Certificate of Disposal within six (6) months of material pick up or will provide a written statement of status to the COR.

a. Acceptance of the hazardous waste at a properly permitted treatment or disposal facility does not meet the definition of disposal under this contract. It is the Contractor’s responsibility to obtain all necessary documentation, including the completed uniform manifest, to verify that both the delivery and the disposal of all items have been accomplished. A uniform manifest signed by the disposal site will show that the waste has been received but only a letter from the site operator or other certification will show actual disposal.

b. Disposal Site - The contractor shall provide documentation that the site is approved by Federal, state, and local governments, and that it is operated such that there are no pending administrative or judicial actions, nor to the extent that can be reasonably determined are the site (s) likely to have same in the future

L. SPILLS: The contractor shall report all spills and personnel exposures during waste preparation, packaging or shipping to the COR. The contractor shall be responsible for, and bear the cost of, cleanup. The contractor shall be responsible for all spills and shall provide all labor, equipment, and personal protective equipment required or needed for the clean up of hazardous waste. Clean up shall be considered complete only upon the final inspection and clearance by the COR. Such incidents shall first be reported by telephone to the Safety Office immediately following discovery and followed in writing to the Safety Office not later than five (5) days after initial telephone report.

When reporting a spill, the following minimum information is required: Item spilled (identification, quantity , and manifest numbers); whether amount spilled is Federal/State/Local reportable, if reported, a copy of the report; personnel injury involved; exact location of spill; containment procedures initiated; anticipated clean up and disposal procedures; disposal location of spill residue; assistance required and a narrative summarizing all communication with Local, State, and Federal officials and media contacts with their names, telephone numbers, and addresses.

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

*The contractor will provide their spill procedures for integration into facility level SPCC or contingency plans. The contractor will provide their billing procedure that would be used for spill and emergency response activity.

N. INSPECTIONS: The contractor and subcontractor(s) are subject to announced or unannounced inspections of their operations and records by the VA Contracting Officer and/or his designated representative to verify contract compliance. This does not relieve the prime contractor of his responsibility to ensure proper contract compliance by his own inspections or by other means. Upon request the contractor shall submit complete copies of any Federal, State, or Local government inspections to the Contracting Officer.

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

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

· Waste ignitability (Reference 40CFR261.21)

· Waste corrosivity (Reference 40CFR261.22)

· Waste reactivity (Reference 40CFR261.23)

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

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

· Solid Waste (Reference 40 CFR 261.2)

· Exclusions (Reference 40 CFR 261.4)

P. SAVE HARMLESS AND INDEMNITY AGREEMENT: The contractor shall save harmless and indemnify the VA with respect to any and all liability, claims, costs of what so ever kind and nature for injury to or death of any person or persons and for loss or damage to any property of the VA or of others occurring in connection with or in any way incident to or arising out of the occupancy, use, service operation or performance of work in connection with this contract resulting in whole or in part from the negligent or non-negligent acts or omissions of the contractor, any subcontractor or any employee, agent or representative of the contractor or of any subcontractor.

Q. REQUIRED INSURANCE: During the entire period of performance under this contract the contractor shall procure and maintain not less than the following minimum insurance and shall provide proof of insurance prior to commencing contract performance:

1. Workmen’s Compensation and Occupational Disease – in the amounts to satisfy applicable state law.

a. Employers Liability – Minimum amount of $100,000 per occurrence

b. Comprehensive General Liability – Minimum limits of $1,000,000 per occurrence for bodily injury or death but a limit of $2,000,000 total; and $1,000,000 per occurrence for damage to property of a third person (s)

c. Comprehensive Automobile Liability – Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage; higher minimum limits if required by applicable state laws

d. Contractors Pollution Liability-Minimum amount of $1,000,000 per occurrence

The contractor assumes all liability and responsibility for the hazardous waste produced by the VA once performance of work begins. Prior to the commencement of work the contractor shall furnish to the Contracting Officer a certificate or written statement of all required insurance. The policies evidencing required insurance shall contain an endorsement that cancellation or any material change in the policies adversely affecting the interests of the VA shall not be effective for a period prescribed by the laws of the state in which the contract is performed and in no event less than thirty (30) days after written notice to the Contracting Officer. The contractor agrees to insert the substance of this clause in all sub-contracts hereunder.

R. PACKAGING:

The contractor shall provide necessary personnel and all required materials to inventory, classify, sample, manifest, package, mark, label, and load the waste for transport. When repackaging is necessary the contractor shall be responsible for disposal of the original containers.

a. When regulations permit a choice of packaging material, extra packaging integrity shall be utilized. The contractor shall submit a list of packaging by waste type for approval by the Contracting Officer and/or COR. For example, the contractor shall use a steel container instead of a fiberboard container where DOT regulations permit either. Each item of hazardous material will be at least double containerized. For example, waste sulfuric acid will not be shipped in “poly carboy” alone; the carboy will be placed inside a steel drum and the containers shall be separated by non-reactive, non-combustible packaging material; e.g. vermiculite

S. DELIVERIES OR PERFORMANCE

a. PICK-UP: The contractor shall provide a minimum of four (4) performances each contract period consisting of a pick-up at each of the two facilities. The Government will provide fourteen (14) days advance notice to the contractor prior to the requested pick up date. The pick-up quantity will be at least the equivalent of one (1) fifty-five (55) gallon size lab packs per performance with an estimated quantity of 25 per contract period. The contract period is expected to be one year. All packaged waste shall be removed at one time between the hours of 7:00 AM and 4:30 PM, Monday through Friday, excluding Federal Holidays. The Contractor is required to contact the COR seven (7) days prior to coming to either facility. The locations for pick-up will be made available at the time of award. Contractor is required to supply the COR with the following:

(1) NAME AND ADDRESS OF CARRIER:

(2) DISPOSAL SITE (S)

b. Payment shall be made in arrears upon receipt and certification of a proper invoice at the designated payment office. Note that a 20% retainage will be held until receipt of a certificate of disposal.

Submit invoices to: Department of Veterans Affairs Financial Service Center PO Box 149971 Austin, TX 78714-9971

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 shall include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, purchase order number, contract line item number and, if applicable, the order number;

(iv) Detailed description of 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 people 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.

T. Information Systems Officer, Information Protection:

The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

Privacy Officer:

The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses is de-identified.

Records Manager:

· Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

· Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

· Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

· Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

· Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

· The Government Agency owns the rights to all data/records produced as part of this contract.

· The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver enough technical documentation with all data deliverables to permit the agency to use the data.

36C25625Q0323

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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…