36C26219R0054-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26219R0054 03-27-2019

Haig Altunian 562-766-2302 04-17-2019

00262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X 100

X

562211

$38.5 Million

N/A

VA Long Beach, VA Loma Linda, VA San Diego, and VA Greater Los Angeles Healthcare Systems

00262

Network Contracting Office 22

4811 Airport Plaza Drive

Financial Services Center www.tungsten-network.com

Hazardous waste material removal and disposal services for the VA Long Beach, Greater Los Angeles, Loma Linda, and San Diego Healthcare Systems.

See enclosed schedule of services and price.

This requirement is set aside 100% for SDVOSB.

X X

X 1

Sandra Fusco

36C26219R0054

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

C.3 52.216-18 ORDERING (OCT 1995)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.8 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.13 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.16 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PRICE WORKSHEETS

D.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262 – Haig Altunian

Network Contracting Office 22

4811 Airport Plaza Drive

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Requests.

• Tungsten e-Invoice Setup Information: 1-877-489-6135

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

AMENDMENT NO DATE

mailto:vafsccshd@va.gov

B.2 SCHEDULE OF SERVICES AND PRICE

This is an indefinite delivery, indefinite quantity, (IDIQ) fixed-price contract. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $500.00. The maximum aggregate value of the orders that can be placed under this contract is $5,500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The previous option year pricing will apply to any extension pursuant to FAR 52.217-8

The following worksheets provide estimated line item quantities for each healthcare system. If the estimated quantity is “0,” this indicates that there is no anticipated need for this line item at this time;

however, offerors are asked to provide a price in case a modification is necessary to add this line item at a later date. Only line items with estimated quantities will be used to determine total offered pricing from each offeror for each healthcare system. These quantities are estimates only and subject to change

B.2.1 VA GREATER LOS ANGELES HEALTHCARE SYSTEM

See Attachment A-1 - Schedule of Services and Price - GLA (691).

B.2.2 VA LOMA LINDA HEALTHCARE SYSTEM

See Attachment A-2 - Schedule of Services and Price - Loma Linda (605).

B.2.3 VA LONG BEACH HEALTHCARE SYSTEM

Attachment A-3 - Schedule of Services and Price - Long Beach (600).

B.2.4 VA SAN DIEGO HEALTHCARE SYSTEM

Attachment A-4 - Schedule of Services and Price - San Diego (664)

B.3 STATEMENT OF WORK

1. GENERAL. Contractor shall provide all labor, supervision, materials, transportation, tools and equipment necessary for hazardous material removal and disposal services as described herein for the participating VA Healthcare Centers as identified in paragraph 2 below.

2. PARTICIPATING VA HEALTHCARE CENTERS

VA Greater Los Angeles Healthcare System

11301 Wilshire Blvd.

Los Angeles, CA 90073-1003

Sepulveda Ambulatory Care Center

16111 Plummer Street

North Hills, CA 91343

Los Angeles Ambulatory Care Center

351 East Temple Street

Los Angeles, CA 90012

Bakersfield Community Based Outpatient Clinic

1801 Westwind Drive

Bakersfield, CA 93301

Santa Barbara Community Based Outpatient Clinic

4440 Calle Real

Santa Barbara, CA 93110

Santa Maria Community Based Outpatient Clinic

1550 East Main Street

Santa Maria, CA 93454

San Luis Obispo Community Based Outpatient Clinic

1288 Morro Street, Ste 200

Santa Maria, CA 93454

Gardena Community Based Outpatient Clinic

1149 West 190th St

Gardena, CA 90248-4303

VA Greater Los Angeles Healthcare System

East Los Angeles Community Based Outpatient Clinic

5426 East Olympic Boulevard

Commerce, CA 90022-5113

VA San Diego Healthcare System

3350 La Jolla Village Dr.

San Diego, CA 92161-0002

Chula Vista VA Clinic

CAL000365391

835 Third Avenue

Chula Vista, CA 91911-1352

Mission Valley VA Clinic

CAL000349685

8810 Rio San Diego Drive

San Diego, CA 92108

Aspire Transitional Housing Center

CAL000373946

2121 San Diego Avenue

San Diego, CA 92110

Oceanside Clinic

CAL000365388

1300 Rancho del Oro Drive

Oceanside, CA 92056

Sorrento Valley Clinic

CAL000409608

10455 Sorrento Valley Road

San Diego, CA 92121

Compensation & Pension

CAL000409604

3110 Camino Del Rio South

San Diego, CA 92108

VA Long Beach Healthcare System

5901 East 7th St.

Long Beach, CA 90822-5201

VA Long Beach Healthcare System

Anaheim VA Clinic

2569 West Woodland Drive

Anaheim, CA 92801-2608

Laguna Hills VA Clinic

25292 McIntyre Street

Laguna Hills, CA 92653-5422

Santa Ana VA Clinic

1506 Brookhollow Drive, Suite 100

Santa Ana, CA 92705-5405

Santa Fe Springs VA Clinic

10330 Pioneer Boulevard, Suite 180

Santa Fe Springs, CA 90670-6012

Villages at Cabrillo VA Clinic

2001 River Avenue

Villages at Cabrillo, Building 28

Long Beach, CA 90806-3622

VA Loma Linda Healthcare System

11201 Benton St.

Loma Linda, CA 92357-1000

3. APPLICABLE PUBLICATIONS:

The contractor shall be responsible for complying with all publications, including those identified below, in effect at the time of the proposal and all future updates:

a) 29 CFR 1910 Occupational Safety and Health Standards

b) 40 CFR Subchapter C, Hazardous Materials Regulations, Part 171 through 179

c) 49 CFR Department of Transportation

d) California Health and Safety Code, Division 20, Chapter 20, Chapter 6.5, hazardous Waste Control.

e) California Administrative Code, Title 22, Division 4, Environmental Health

Standards for Management of Hazardous Waste

f) California Code of Regulations, Title 22, Sections 46027 and 25160

4. SPECIFICATIONS:

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, eat 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, NIOSH List of

Antineoplastic and Other Hazardous Drugs in Healthcare Settings, 2016 and RCRA bulk Chemo

Waste.

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 shall 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

THE FOLLOWING CATEGORIES OF WASTE ARE NOT SUBJECT TO THIS

CONTRACT:

General Waste: Waste (non-infectious, non-hazardous) which is considered not to harbor any viable pathogens nor hazardous materials. This waste may be placed into clear plastic liners and can be disposed of in landfills or incinerated; Includes medical waste that is rendered non-factious by autoclaving or by the use of Liquid Treatment System (LTS).

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

Requirements:

A. Composed of waste which is generated or produced as a result of:

a. diagnosis, treatment, or immunization of human beings or animals;

b. research pertaining to the activities specified in (a) above;

c. production or testing of biological.

B. The waste is any of the following; bio-hazardous waste, sharps-waste, pathology tissue, general pharmaceutical waste, trace chemo waste.

Mixed Waste: Mixtures of medical and non-medical waste. Mixed waste is medical waste, except for all of the following:

A. Medical waste and radioactive waste are subject to regulations applicable to radioactive waste.

B. Medical waste, hazardous waste, and radioactive waste are radioactive mixed waste and are subject to regulations applicable to hazardous waste.

5. DISPOSAL AND SANITATION REQUIREMENTS:

Contractor shall use their industry standard methods of treating and destruction of wastes such as incineration and recycling or any other acceptable methods, in accordance with 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 pickup area where containers are placed shall be maintained in a clean, orderly, sanitary condition. Particular 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)

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 and annual renewal certifications of existing employees shall be provided to the Contracting Officer within thirty (30) days of receipt of the training.

6. SAFETY REQUIREMENTS:

The contractor shall exercise safety precautions, as deemed necessary by the Contracting Officer or his/her designee during the performance of the contract, in order to protect lives and health.

The Contracting Officer/designee shall notify the Contractor of any noncompliance with the foregoing provisions and advice the contractor of the action to be taken. After receipt of such notice, the Contractor shall immediately initiate corrective action. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue a stop-work order for all or any part of the work and hold the Contractor in default as provided elsewhere in this contract.

7. GOVERNMENT FURNISHED PROPERTY AND SERVICES:

The Government shall provide the following property and services in connection with the

Contractor performance.

A. Storage Areas: The Government shall provide secure storage areas to store the

Contractor’s furnished containers and hazardous waste. The VA facility can package or consolidate their own waste stream and use the Contractor provided packaging or consolidate the waste as long as it complies with the Department of Transportation

(DOT) and other regulations.

B. Pick-Up Schedule: The Contractor shall meet the pick-up schedule specified by each participating VA facility (schedule shall be provided upon award of contract). Depending on the type of waste, pick-up schedule might vary. On an as-needed basis the response time for removal shall range from 4 hours to five (5) calendar days.

C. Unscheduled Collection: 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 in accordance with the unit pricing limits established at the time this contract is signed.

D. Forms: The Government personnel shall sign and fill in appropriate information on

Contractor provided Waste Analysis Form.

8. NORMAL WORK HOURS:

This contract is a full service contract to include all necessary service calls, five (5) days per week, Eight (8) hours per day, between the hours of 7:00 a.m. to 4:30 p.m. (except for spill response, see item 8, paragraph k), Monday through Friday, National Holidays excluded. Any service or repair performed outside of normal working hours shall be approved in advance by the

Contracting Officer’s Representative (COR) at a price agreed to by the Contractor and

Contracting Officer. If appropriate, the Contracting Officer may authorize additional services under a separate purchase order.

9. NATIONAL HOLIDAYS OBSERVED BY THE GOVERNMENT:

New Year’s Day January 1st

Martin Luther King’s Birthday Third Monday in January

President’s Day Last Monday in January

Memorial Day Last Monday in January

Independence Day July 4th

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day November 11th

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25th

If a holiday falls on Sunday, the following Monday shall be observed as the National Holiday.

When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by

U.S. Government agencies. Also included would be any day specifically declared by the

President of the United States.

10. CONTRACTOR PERFORMANCE:

A. Work Practices and Standards: The Contractor shall have established standard operating procedures that shall be followed while conducting normal hazardous waste management activities. This includes site safety and contingency procedures, strike contingency plan, operational procedures, site management structure, supplies, equipment practices, material sampling procedures, hazard assessment and categorization procedures, packing procedures, quality assurance procedures, procedures for gaining waste acceptance into a facility and project management procedures.

B. 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 make a determination if the waste is a hazardous waste or otherwise regulated. The determination and description shall address the following:

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

b. Waste ignitability (Reference 40CFR261.21)

c. Waste corrosivity (Reference 40CFR261.22)

d. Waste reactivity (Reference 40CFR261.23)

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

f. Discarded commercial products (acutely toxic or P-listed and toxic or U-listed)

(Reference 40CFR261.33)

g. NIOSH List of Antineoplastic and Other Hazardous Drugs in Healthcare Settings, (2016 DHHS (NIOSH) Publication Number 2016-16), and RCRA bulk chemo waste.

h. Solid Waste (Reference 40 CFR 261.2)

i. Exclusions (Reference 40 CFR 261.4)

C. Quality Assurance: The Contractor shall develop and maintain a quality program to unsure 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 the next paragraph.

The Government shall 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. Likewise, the government may decrease the number of quality control inspections if performance dictates.

D. Handling: Appropriate handling of waste is essential for the safety of Government and

Contractor employees and cost containment. The contractor shall provide the employees training to ensure that established policies and procedures for Hazardous Waste are followed. Contractor employees providing site services shall be certified in 40 hour

HAZWOPER training, have current HAZWOPER refresher training certifications, and wear appropriate protective equipment when handling hazardous waste.

E. Waste Containers: The contractor shall provide all appropriate collection containers at no cost to the government. Waste Containers, Identifying Labels, and Markings shall meet applicable safety codes and regulatory requirements. The contractor shall maintain all containers and government facilities ensuring they are free of unpleasant odors, dirt, debris and pests. Cleaning and decontamination of containers shall not be performed on

Government property. Contractor shall provide manufacture’s specification and descriptive literature for approval. Waste containers shall be United Nation (UN) and

Department of Transportation (DOT) approved.

F. Training: The contract shall include annual training for all employees who handle hazardous and/or universal waste, at least once per year, designated by the COR. The hazardous waste training program shall provide training to employees who generate hazardous waste in Satellite Accumulation Areas that have hazardous waste management responsibilities. Training shall incorporate Resource Conservation and Recovery Act

(RCRA), state specific regulations and include storage, documentation, records management, safety data sheets, emergency responsibilities, and other pertinent topics.

The training shall include DOT hazardous materials training that meet the requirements of 49 CFR 172.704. The Contractor shall partner with the COR to develop medical center specific training to nursing and Research staff on the collection and accumulation of hazardous and universal waste. This training shall be conducted in a train-the-trainer style by the contractor. The contractor shall provide their technical expertise on topics related to EPA, DOT, State-specific RCRA and other environmental regulations.

G. Reports/Tracking Documents:

Tracking Documents: The contractor shall maintain service records and submit them to the (COR) after each service. At a minimum the documents shall include the following information:

a. Types and quantities of treated and disposed waste

b. Methods of treatment and disposal

c. Location of licensed treatment and disposal facilities

d. Certification that hazardous waste has been packaged, collected, transported, handled, treated, and disposed of in compliance with regulatory agencies, laws, directives and ordinances

e. Original Uniform Hazardous Waste Manifest shall be submitted to the COR at the time of each pick-up.

f. Annual Waste Report: summarizing quantities of hazardous wastes generated by site and broken down by the waste profiles in use by the contractor.

g. Spill Report: When waste is spilled by the contractor at any pickup or storage location or during transport, the contractor shall submit a Spill Report identifying the spills. Such incidents shall be reported to the COR immediately, by telephone and in writing no later than seven (7) workdays after leaving the site. The Spill

Report shall list at a minimum the type of spill, amount of waste, and personnel exposed to the spilled waste. The Contractor shall provide certification that the spill was removed, including a statement concerning the effect on any employees, and a description of the cause and corrective measure instituted by Contractor to ensure spills do not occur again. The Contractor is responsible for cleaning up spills that are caused by contractor employees.

H. Transportation: Hazardous waste shall be transported on the public highways by

Environmental Protection Agency (EPA) approved (with DOT implications) licensed haulers to an approved disposal site. All Contractor vehicles used to transport hazardous waste must be currently licensed, permitted or otherwise registered in accordance with all applicable Federal, State, and Local laws. License number must be posted on the exterior of the vehicle. Each truck or van transporting hazardous waste must have an emergency spill clean-up plan and basic cleanup equipment on board.

Hazardous waste transporters must comply with the California Vehicle Code, CHP

Regulations (Cal. Code Regs., tit. 13); the California State Fire Marshal Regulations

(Cal. Code Regs., tit. 19); United States Department of Transportation (DOT)

Regulations, Title 49, Code of Federal Regulations (49 Code of Federal Regulations);

and U.S. Environmental Protection Agency (U.S. EPA) Regulations, Title 40 Code of

Federal Regulations. In addition, hazardous waste transporters must comply with the

Health & Saf. Code and Cal. Code Regs., tit. 22 which are administered by DTSC.

The following requirements must be satisfied:

a. California Registered Hazardous Waste Transporter

b. Department of California Highway Patrol Hazardous Materials Transportation

License

c. Hazardous Materials Certificate of Registration with the United States of America

Department of Transportation

d. Registered Hazardous Waste Hauler with the United States Environmental

Protection Agency

e. HAZWOPER Certification - 40-hour initial training and annual refresher training for all contractor employees

I. Method of disposal: Waste generated by each VA Healthcare System and approved for transport to storage stations shall not be commingled in the same shipping container with wastes from other VA Healthcare System or any other generator, unless allowed by law.

Disposal method shall be by recycle, incineration, treatment or land burial, whichever is appropriate and in compliance with Federal, State, and Local disposal regulations. The

Contractor shall use a treatment, storage, or disposal facility that has a valid permit to manage hazardous waste. The Government must approve all disposal facilities used by the Contractor.

J. Spill Response: The Contractor shall provide spill response/clean-up as required by the

Government. The Government shall 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 shall be on a 24 hour, 7 day a week basis. The Contractor shall provide their spill procedures for integration into facility level SPCC (Spill Prevention Control and Countermeasures) contingency plans – and SSMP (Sanitary Sewer Management Plan) contingencies. The Contractor shall provide their billing procedure that would be used for spill and emergency response activity.

K. The Contractor shall provide degreed Chemists only when requested by the COR.

L. Laboratory technicians may be required to pack waste for pick-up and record waste statistics, only when requested by the COR.

M. A degreed Chemist and/ or a Laboratory Technician shall be provided, only when requested by the COR and with the approval of the CO, to perform work, such as, but not limited to, identifying properties of a chemical, procedures in handling chemicals, etc., that are beyond the capability of a trained and certified technician. Rates, terms and condition shall be in accordance with the contract.

11. IDENTIFICATION BADGE/UNIFORM:

Contractor personnel are required to wear ID badges during the entire time they are on VA

Healthcare System grounds. ID Badges must have an identification picture and state the name of the individual and company represented. Contractor personnel shall contact the COR at each site for procedures specific to that site.

12. PARKING:

Park only in areas designated by the COR or otherwise directed by VA Police and Security

Service Personnel. The Contractor shall display on each of its vehicles the company name in a manner and size that is clearly visible. The Contractor shall conform to the posted speed limits and parking restrictions set at each Government facility.

13. INDEMNIFICATION:

It is expressly agreed and understood by the Contractor and the VA Healthcare System that the

Contractor agrees to indemnify the VA against all liabilities, claims, penalties incident to death, bodily injuries, destruction or damage to property, contamination of adverse effects on the environment or any violation of government laws, regulations or orders, caused in whole or part by the Contractor’s breach of any term of this agreement or any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract.

14. AUTHORIZED SERVICES:

Only those services specified herein are authorized under this contract. Prior to performing any service or repair on a non-contract nature, the Contracting Officer and the COR must be advised of the reasons for this additional work. The Contracting Officer or his/her designee in consultation with the COR may authorize the additional services or repairs under a separate purchase authorization. Reimbursement shall not be made unless prior authorization is obtained.

15. SMOKING POLICY:

Smoking is permitted only in designated areas which vary at individual VA Healthcare System sites.

16. MATERIAL SAFETY DATA SHEETS (MSDS):

The Contractor shall provide their employees with immediate access to MSDS for all hazardous substances.

17. CONTRACTORS EQUIPMENT:

Contractor’s truck should be equipped with a hydraulic lift. Contractor shall carry a minimum of four (4) 55-gallon Steel Drums (open type) and two (2) Polyethylene drums when providing hazardous waste transport for disposal. For large quantity waste generating healthcare centers and large clinics, the Contractor shall provide a large tractor trailer to handle many drums and laboratory packs for disposal.

Each vehicle shall have sufficient spill containment materials to respond to emergencies resulting from loss of containment, chemical reaction or other hazardous conditions. For very large spills when clean-up is requested by government, a large towable trailer with an industrial high-pressure power washer with a 250-gallon cleaning water collection tank shall be available for large fluid spills. The rinse solution from the power washing is bermed and sucked up with vacuum truck and taken for proper disposal.

18. CONTRACTOR EMPLOYEES:

The Contractor is responsible for providing fully knowledgeable, trained technicians that are competent to meet the contract requirements.

The Contractor or its employees are responsible for their proper protection during bulking process. Attire and Personal Protective Equipment (PPE), including respirators has to be appropriate for the hazardous condition of lab-packing, lifting, carrying, pouring, blending, moving and loading hazardous and toxic substances in limited confined entry space. Contractor employees should be enrolled in a Medical Surveillance Program that meets the standards of 29

CFR 1910 at the expense of the Contractor. Contractor furnishes and ensures good condition of all PPE for Contractor employees.

19. CONTRACTORS DISPOSAL LOCATIONS:

Contractor shall provide the COR with a list of (TSDF) treatment, storage, and disposal facilities that shall be used in conjunction with this contract. This list must include the name of the company, address, city, and state, zip code, telephone number, ESPA ID number, and disposal methods.

20. PENALITIES AND FINES:

The Contractor shall satisfy all applicable regulatory agency requirements. In the event a regulatory agency assesses a monetary fine against the Government for violations caused by the

Contractor, the contractor shall reimburse the Government for the amount of the fine.

21. HAZARDOUS WASTE ANALYSIS:

Sampling and laboratory analytical services shall be provided by the Contractor every six months or as necessary to support operating and disposal requirements. Unless otherwise directed, all sampling and laboratory analysis shall be accomplished as described in the latest edition of

Standard Methods for the Examination of Water and Wastewater, American Public Health

Association, or in accordance with other regulatory agency ACO approved methods. The

Government reserves the right to collect waste samples to perform tests and/or have the right to the tests performed by another laboratory to verify the Contractor’s performance.

A new hazardous waste contractor will need to develop new profiles of all hazardous waste streams to determine proper disposal fate. The past contractor’s waste profiles will not be available.

22. FIRE ALARM TRIP CHARGE:

If Contractor triggers a fire alarm due to negligence, inattention or failure to properly coordinate and request system shutdown, the Contractor shall be charged for actual costs incurred for

Government personnel responding to the alarm. The Contractor shall be liable for losses associated with disruption of facility operations. In addition, the Contractor shall reimburse the

Government for any fines and other costs imposed by Government, external agency, Fire

Department, City, County, or State.

23. LIABILITY 28.307-2

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See

28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

24. CONTRACTOR RESPONSIBILITIES

It is the responsibility of the Contractor to provide all services in accordance with applicable solid waste disposal codes and regulations, including the payment of any applicable fees that are mandated by the city, state, federal, etc. in order for the Contractor to retain his/her permits and/or licenses (see number 10 part H).

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(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 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

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.