36C26320Q0247-003.docx

36C26320Q0247

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

36C26320Q0247 03-17-2020 Don Gilbert 605-347-7030 03-26-2020 4:00pm Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade

SD

57741 X X 562112 $41.5 Million N/A X Department of Veterans Affairs VA Black Hills HCS Fort Meade Campus 113 Comanche Rd.

Fort Meade

SD

57741 Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade

SD

57741

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Hazardous Waste Removal Service - See Schedule and Statement of Work below.

See CONTINUATION Page X X Donald R. Gilbert Contracting Officer Table of Contents

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 36C263 Department of Veterans Affairs Network 23 Contracting Office (NCO 23)

113 Comanche Rd.

Fort Meade SD 57741

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BHHCS Hazardous Waste disposal service in accordance with the Statement of Work.

Contract Period: Base POP Begin: 04-01-2020 POP End: 03-31-2021 LOCAL STOCK NUMBER: Base Year.

BHHCS Hazardous Waste disposal service in accordance with the Statement of Work.

Contract Period: Option 1 POP Begin: 04-01-2021 POP End: 03-31-2022

BHHCS Hazardous Waste disposal service in accordance with the Statement of Work.

Contract Period: Option 2 POP Begin: 04-01-2022 POP End: 03-31-2023

BHHCS Hazardous Waste disposal service in accordance with the Statement of Work.

Contract Period: Option 3 POP Begin: 03-01-2023 POP End: 03-31-2024

BHHCS Hazardous Waste disposal service in accordance with the Statement of Work.

Contract Period: Option 4 POP Begin: 04-01-2024 POP End: 03-31-2025

Page 1 of Page 1 of Statement of Work (SOW) VA BHHCS Hazardous Waste Disposal Contract

I. CONTRACTING OFFICER’S REPRESENTATIVE (COR) DESIGNATION.

A. The Contracting Officer (CO) will designate a Contracting Officer’s Representative (COR) to act for him/her in furnishing technical guidance and advice, and to monitor the work and services being performed under this contract.

B. Such designation will be in writing and will define the scope of the COR’s authority. A copy of the designation shall be furnished to the Contractor by the CO.

II. REQUIREMENTS, SCOPE, AND DESCRIPTION OF WORK.

A. The Department of Veteran Affairs (VA) intends to award a contract to a qualified firm with the capacity and capability to provide hazardous waste services for the VA Black Hills Health Care System (BHHCS); in accordance with all current Federal, state and local laws and regulations. These include the following regulations, which are now in effect in the State of South Dakota:

1. Hazardous Waste Generator Improvements Rule.

2. Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine.

3. Hazardous Waste Electronic Manifest (E-Manifest) System.

B. The Contractor shall provide transport and disposal of hazardous, non-hazardous, dual, lab pack, universal waste, and other wastes, as specified in this contract, in accordance with current Federal, state, local, municipal, and VA, laws, regulations and requirements. Transport and disposal of infectious, bio-hazardous, radiological or pathological waste shall occur if these items need to be disposed of through this contract.

C. Services shall include all labor, supplies, materials, tools, equipment, travel, transportation, disposal, documentation and support services required to categorize, package, transport, dispose, document, etc., the wastes covered in this contract.

D. The Contractor must possess the necessary technical expertise, resources, and work processes and procedures required to fully perform all tasks within this Statement of Work (SOW).

E. The contract shall be for one base year, with the potential for an additional four (4) option years at the discretion of the VA BHHCS.

F. Pricing.

1. The Contractor shall provide pricing to the VA BHHCS for the various types of waste streams generated at the VA BHHCS. See the “Waste Stream Price List” for the various types of waste streams, and the estimated generation rates (lbs./year) for each waste stream.

a. All pharmaceutical wastes, infectious/pathological wastes, dual pharmaceutical wastes, and specific regulated medical wastes shall be disposed of by incineration only unless otherwise specified by law, regulation, or in writing by the VA BHHCS.

b. Pricing shall be based on a “per pound” basis only. When pricing is per pound, it is per net contents (i.e., excluding container weight).

i. The VA BHHCS reserves the right to manage wastes and waste streams if an urgent or unforeseen circumstance occurs, if a need arises, or if a price is significantly less than the price given by the Contractor.

ii. The VA BHHCS reserves the right to manage wastes and waste streams if they can be recycled, handled or treated locally, or if the price of transport, treatment, and/or end disposal, is significantly less than the price given by the Contractor.

2. The Contractor shall provide a price list to the VA BHHCS for ordering supplies, materials, equipment, etc., through this contract. Some products will be ordered on an individual basis and some will be ordered on a “lot” basis. See the “Supplies Price List” for products to be furnished and ordered through this contract.

a. All supplies ordered through this contract shall be “new product” only. Reconditioned containers, packing materials, etc., are not allowed to be used for products ordered through this contract.

b. All supplies shall meet or exceed all Federal, state, and/or local DOT laws, regulations, and requirements when applicable.

c. The Contractor shall ensure any bulk containers, over packs, packing materials, etc., used for packaging and transporting VA BHHCS’ wastes are furnished.

d. The VA BHHCS reserves the right to manage supplies, materials, equipment, etc., if an urgent or unforeseen circumstance occurs, a need arises, or if a price is significantly less than the price given by the Contractor.

3. The Contractor shall provide a trip cost, on a per shipment basis, that includes costs/fees associated with transportation, labor, travel, lodging, fuel, etc. Pricing will be based on the services specified in this contract.

a. See Line Item Numbers 1A-1E in the “Waste Stream Price List” for VA BHHCS facilities and their locations.

b. There are two medical centers located in Ft. Meade, SD, and Hot Springs, SD. It is anticipated that the waste pickups and shipments will occur at these two sites. However, waste pickups and shipments may also occur at the VA BHHCS’ Rapid City Community Based Outpatient Clinic (RC-CBOC). Consequently, these three sites are grouped together for pricing.

c. Because circumstances may dictate waste pickups and shipments may be required at other VA BHHCS CBOCs, the Contractor shall include pricing for those sites listed in the “Waste Stream Price List.”

4. Upon notification of a waste pickup by the COR, or their designee, the Contractor shall submit a price summary when requested for the total cost of transport and end disposal using both the “Waste Stream Price List” and “Supplies Price List” schedules.

G. Invoices and Payment.

1. Payment of services rendered under this contract shall be made in arrears. The VA BHHCS shall not authorize payment until such time that the COR, or their designee, receives and verifies:

a. All services have been performed/provided.

b. All supplies, materials, and equipment, that have been ordered under this contract.

c. Receipt of a properly prepared invoice. Invoices shall reference the contract number, purchase order number, manifest number(s), a complete and accurate description of services including dates of performance, amounts, unit prices, extended totals and any other data relevant for billing and payment purposes.

2. The VA BHHCS may not authorize payment until such time that the COR, or their designee, receive all properly executed and signed documentation, services and supplies, and materials and equipment performed and ordered under this contract.

H. Transport, treatment, and end disposal of wastes outside of the Continental US is prohibited under this contract.

I. Acceptance of the waste items covered under this contract at a permitted treatment, storage, and disposal facility (i.e., TSDF) does not constitute end disposal; and does not constitute completion of this contract.

1. It is the Contractor’s responsibility to generate and/or obtain all necessary documentation from its employees and subcontractors to document and prove that the timely transport, treatment, and end disposal of all wastes have been completed.

2. All manifests, Land Disposal Restrictions, waste determinations and classifications, shipping information, and other data/documentation as applicable, required for the proper execution of this contract shall be maintained by the Contractor, and the originals and/or copies of all documents shall be provided to the COR, or their designee.

3. The Contractor shall ensure end disposal of waste items covered in this contract is completed in a manner that leaves no future expense to the Federal government or the VA BHHCS.

J. Contractor services shall include, but are not limited to, all labor, supplies, materials, tools, equipment, travel, transportation, treatment, end disposal, documentation, and support services, required to fully perform all tasks associated with this contract.

1. The VA BHHCS reserves the right to halt work if the CO or COR (or their designee) reasonably believe the work being done represents an imminent danger or hazard to life, health, property, or the environment; or is being performed in an unsafe/unhealthy manner.

2. If work is halted, a memorandum may be submitted to the CO, COR, GEMS Coordinator, Safety Officer, Contractor, and others, as soon as feasible after the situation has been stabilized or abated. The memo would describe, among other things, why the work was halted, and the corrective actions taken to address it.

3. The Contractor and/or subcontractor shall work together with the CO and COR (or their designee), to correct the unsafe/unhealthy work condition(s) so work may continue/resume.

4. The VA BHHCS will not incur additional costs if work is halted for these reasons.

K. The Contractor, its employees and subcontractors, must possess the necessary technical knowledge, expertise, work, resources, training, and documentation processes and procedures, required to fully perform all tasks associated with this contract. Services for this contract shall be performed and completed:

1. In compliance with all Federal, state, local, and municipal, laws, regulations, rules, and requirements.

2. In compliance with all Department of Veteran Affairs and VA BHHCS directives, rules, policies, and requirements.

3. In compliance with national consensus standards (e.g., Joint Commission, National Fire Protection Association, United States Pharmacopeia, etc.).

L. Licenses, Permits, Registrations, Training, Certifications.

1. If appropriate licenses, permits, registrations, etc., are not maintained in accordance with the terms and services of this contract, the VA BHHCS may terminate the contract effective upon discovery.

2. The Contractor shall provide copies of all Contractor and subcontractor licenses, permits, registrations, etc., to the COR, or designee, at the following times:

a. Submission with the Contractor’s bid proposal.

b. At the beginning of each contract period.

c. Whenever licenses, permits, registrations, training, etc., are renewed or updated, or when a new subcontractor is used.

d. Whenever new licenses, permits, registrations, training, etc., must be obtained by the Contractor.

3. The Contractor shall ensure, without additional cost to the VA BHHCS, that all licenses, permits, training, registrations, etc., for personnel, trailers, containers, vehicles, and other resources, required for completion of services under this contract are obtained.

4. If wastes must be transported through a jurisdiction which requires special licensing, permitting, registration, etc., the Contractor shall ensure that all necessary licenses, permits, registrations, etc., are obtained and maintained, without additional cost to the VA BHHCS.

M. Contractor services shall include working with the COR, or their designee, when any regulatory changes or updates (e.g., Federal, state, local, etc.) occur during a contract period – to include any changes or updates to VA, Veterans Health Administration (VHA), or VA BHHCS directives, policies, and requirements.

N. Services under this contract shall usually be performed during normal business hours from 8:00am to 4:30pm (MST), Monday through Friday, excluding Federal holidays.

1. Services may need to be performed or extended outside of normal business hours due to weather, construction, inspections, the amount of waste being shipped, etc.

2. The COR, or their designee, will arrange for routine (i.e., non-emergency) waste pickup and transport services for the VA BHHCS.

a. Waste storage areas are located in several locations at each medical center.

b. Access to these storage areas will be coordinated with the COR, or their designee.

3. The COR, or their designee, will arrange the ordering of supplies, materials, and equipment, for the VA BHHCS.

O. The Contractor shall perform waste determinations and classifications of all wastes picked up as part of the services provided for this contract.

1. Documentation of waste determinations and classifications must be provided to the COR, or their designee.

2. The Contractor’s waste determinations and classifications must meet the documentation requirements of 40 CFR 262.11.

3. The Contractor shall submit a template of their waste determination and classification document with their bid proposal.

P. The Contractor shall ensure waste items are properly containerized, labeled, marked, documented, and all transport vehicles are placarded, prior to transport, by its employees or subcontractors.

1. The Contractor shall ensure that waste items are segregated by Department of Transportation’s hazard classes and by chemical compatibility.

2. For bulk packaging and over packs, the Contractor shall ensure that waste items are packaged into the largest container feasible that is compatible with the wastes being stored in it, unless directed otherwise by the COR, or their designee.

3. For smaller items, a partially full container, or to meet disposal priorities or DOT requirements, the Contractor shall ensure that waste items are packaged into the smallest container feasible that is compatible with the wastes being stored in it, unless directed otherwise by the COR, or their designee.

4. The Contractor and its subcontractors shall dispose of VA BHHCS wastes in the following preferred priority:

a. Recycling to another party for future use if legally and economically feasible and practical.

b. Treatment of the wastes (at a facility approved for such processing by appropriate Federal and/or state agencies) in a manner that renders it no longer a hazardous waste as defined in 40 CFR.

c. Long-term internment (burial) in a secure landfill site approved for such wastes and operations by appropriate Federal and/or state agencies.

III. SPILLS AND LEAKS.

A. The Contractor shall ensure all Contractor and subcontractor vehicles used for transportation of VA BHHCS wastes performed under this contract, are stocked with enough supplies, equipment, and materials, to contain and clean up/remediate spills, leaking containers, or other similar conditions that could occur while performing loading and transport.

B. The Contractor shall assume all safety measures to prevent harm or injury to VA BHHCS patients, visitors, employees, Contractor and subcontractor staff (e.g., PPE), VA BHHCS property, and the environment (e.g., storm drain covers).

C. The Contractor and its subcontractors, without additional cost to the VA BHHCS, shall perform spill cleanup and remediation of all their spills or leaks that occur during their performance of the services stated in this contract.

1. Spill cleanup and remediation shall be done in accordance with all applicable Federal, state, local, and VA BHHCS: laws, regulations, rules, policies, and requirements. The Contractor shall also comply with all national consensus standards (e.g., The Joint Commission, National Fire Protection Association, etc.).

2. The Contractor and/or subcontractor shall report all spills or leaks that occur on VA BHHCS property immediately to the COR, or their designee.

3. Spills or leaks that occur during transport of VA BHHCS’ wastes shall be reported (via phone call) to the COR, or their designee, as soon as feasible, but no later than twelve (12) hours of the occurrence.

a. Continued updates shall occur on a periodic basis (by phone), as determined by the VA BHHCS, until the incident has been successfully cleaned up or remediated according to the Federal, state, and/or local, authorities having jurisdiction, and the CO and COR, or their designee.

4. A written report of the timelines, people and circumstances involved, the spill itself, cleanup and remediation efforts, etc., shall be sent by the Contractor to the CO and COR, or their designee, and any appropriate regulatory agencies if required. This report shall be submitted to the CO and COR, or their designee, within two (2) calendar days of the incident or the successful cleanup/remediation; whichever is longer.

a. All Contractor documentation generated as part of the incident shall be forwarded to the CO and COR, or their designee.

D. In the event of a Contractor- or subcontractor-caused spill/release during the on-site or off-site performance of services, the Contractor and/or its subcontractors shall be responsible for all costs associated with the satisfactory spill cleanup and remediation of the incident.

1. This shall include, but is not limited to, the costs of all labor, equipment, materials, supplies, transport, treatment, and end disposal, as well as any harm caused to persons and the environment, and repairs for any damages incurred to facility/property.

2. The remediation efforts shall be performed to the satisfaction of all appropriate regulatory authorities; the VA BHHCS; and the CO and COR, or their designee.

IV. QUALITY ASSURANCE.

A. The Contractor shall maintain a quality assurance program to assure services are performed in accordance with commonly accepted business and commercial practices.

B. The Contractor shall implement procedures to identify, prevent, and ensure non-recurrence of non-conforming contractual services.

C. The Contractor shall provide information to the VA BHHCS to describe its quality control procedures to address the following areas:

1. Timely pickup and transport of wastes.

2. Timely and accurately completed manifests, shipping papers, and other documents.

3. Sufficient and competent personnel, including personnel with expertise to perform waste characterizations, profiles, and consultation services.

4. Sufficient equipment, materials, supplies, and vehicles, in good working condition.

5. Timely end disposal of all VA BHHCS’ wastes.

6. Timely and accurate billing.

D. These procedures shall be provided to the VA BHHCS at the following times:

a. Submission with the Contractor’s bid proposal.

b. At the beginning of each contract period.

c. Whenever there is a change in the Contractor’s or subcontractor’s business operations that would affect its quality control procedures.

E. The government will observe and evaluate Contractor performance to ensure services and products are received.

V. DOCUMENTATION.

A. The Contractor and its subcontractors are required to comply with all Federal, state, local, municipal, VA, VHA, and VA BHHCS, laws, regulations, policies, and requirements, regarding tracking, recordkeeping, manifesting and documentation of all wastes covered under this contract.

B. The Contractor and its subcontractors shall be required to comply and keep current with all changes to such Federal, state, local, municipal, and VA BHHCS, laws, regulations, policies, and requirements, which occur during the performance of this contract. The Contractor shall provide to the VA BHHCS any additional licenses, permits, registrations, etc., that may be required by the Contractor and its subcontractors because of changes in such laws.

C. The Contractor and its subcontractors shall furnish properly executed and legible copy(ies) of the manifests and all related documentation required for categorizing, packaging, transporting, and end disposal, of hazardous wastes covered under this contract.

D. Prior to the transport of wastes covered under this contract, the Contractor and its subcontractors shall obtain approval and signature for each manifest from the COR, or their designee, verifying that the Contractor or its subcontractors have accepted the wastes from the VA BHHCS and that the wastes are being properly shipped for end disposal. Manifests not signed by the COR, or their designee, shall not be deemed valid.

E. The Contractor and its subcontractors shall provide properly executed and signed documentation for final disposition for each facility manifest line item, to the COR, or their designee. Final treatment or disposition shall occur no later than twelve (12) calendar months from removal of wastes from the generator facility.

1. The documentation shall clearly indicate that all wastes have been properly disposed of and shall specify the specific method, site, and date of end disposal; and other information as needed/necessary.

a. If codes are used, such as those listed in Box 19 of the Hazardous Waste Manifest, those codes shall have a description of their meaning.

b. Specific end disposal codes/descriptions shall be used.

c. Generic/General end disposal codes/descriptions shall not be used.

2. If final treatment or disposition cannot be accomplished within twelve (12) calendar months of removal of wastes from a generator facility, a written statement of how the wastes are being managed, which shall include when the wastes are scheduled for end disposal, shall be provided to the COR, or their designee. This shall be followed up with written monthly updates to the COR, or their designee, until final disposal of the wastes have occurred.

3. Once final disposition of the wastes have occurred, documentation shall be forwarded to the COR, or their designee, as soon as end disposal has been completed, but not longer than thirty (30) calendar days from date of final disposition. Exceptions to this must be approved by the COR, or their designee, in writing.

F. The Contractor is still responsible for providing all services and documentation (as required/needed) for all work and services performed during a contract period, even after the contract has expired.

1. Example: If a waste shipment occurs two days prior to the end date of the contract, the Contractor is still responsible for transporting and end disposal of the wastes and returning all signed documentation and paperwork for that shipment, even though it occurs after the contract period has ended.

G. The VA BHHCS shall monitor the work and performance of services stated in this SOW to determine whether the performance standards and service levels are being met. Outcomes for not meeting the minimum requirements listed in this SOW shall be discussed with the CO and COR, or their designees, for corrective actions.

H. The following shall be provided to the VA BHHCS in the Contractor’s bid proposal, prior to beginning a new contract period, and within thirty (30) calendar days upon request by the VA BHHCS:

1. Copies of current operator permit(s) and waste transporter permit(s) for the Contractor and all subcontractors.

2. List of all Contractor and subcontractor transfer stations, treatment, storage and disposal facilities (TSDF) including incineration, autoclaving, wastewater and sludge treatment facilities that shall be utilized during this contract, to include the capacity of these facilities and the waste codes for the wastes they are permitted to accept by treatment technology.

a. The Contractor shall provide the names, addresses, phone numbers, facsimile numbers, point-of-contact information, Federal (e.g., EPA) and state (e.g., DENR/DNR) identification and permit numbers, for all facilities used during the execution of this contract.

b. The VA BHHCS reserves the right to inspect each of these facilities before approving its use, in writing, or at any time during or after the contract period; especially in conjunction with Federal, state, local, municipal, VA BHHCS, or other types of inspections.

c. Provide current copies of certificates with Federal and/or state EPA Hazardous Waste (RCRA) Identification Numbers for each business entity operated by the Contractor and all subcontractors that will provide service regarding any aspect of waste transport and end disposal covered under this contract (i.e., transport, storage, transfer, incinerator sites, etc.).

d. Provide a current copy of certificate of registration with the Federal and/or state EPA as a hazardous waste hauler for each business entity operated by the Contractor and all subcontractors that will provide transportation services for any aspect of waste transport and/or end disposal covered under this contract.

3. Certificates of training and experience of Contractor and all subcontractor staff that shall perform site work under this contract.

a. All Contractor and all subcontractor staff involved in the technical aspects of performing this contract, and shall work on VA BHHCS premises, will be expected to have received at least the minimum training required by law as specified in:

i. 29 CFR 1910 Parts 120 and 1200.

ii. 29 CFR 1910, Subpart I.

iii. 40 CFR Parts 260-265, 266, 268, 279.

iv. 49 CFR Parts 171-178.

b. The VA BHHCS reserves the right to receive certificates of training and experience of all Contractor and all subcontractor staff performing off-site work functions/duties under this contract.

c. The VA BHHCS reserves the right to receive the Contractor’s and/or any subcontractor’s experience in identifying, characterizing, packaging, transporting, and end disposal of the wastes covered under this contract.

I. The Contractor shall provide a list of any past or current violations and/or citations that the Contractor and any subcontractors have received for non-compliance with any hazardous waste laws, permit and licensing requirements; Federal, state, and local DOT requirements; Federal, state and local EPA requirements; and Federal, state and local OSHA requirements for the past three years from the date of submission.

1. The Contractor shall include information on all related business entities including associated firms that are owned by the Contractor or owned by a common parent company, or any subcontractor that will be involved in any portion of the transport and end disposal of wastes covered under this contract.

2. If no discharge or violations have occurred, the Contractor and subcontractor(s) must provide a statement that certifies no discharges or violations have occurred.

J. Report any violations and/or citations that the Contractor and any subcontractor has received for non-compliance with any hazardous waste laws, permitting and licensing requirements; Federal, state, and local DOT requirements; Federal, state and local EPA requirements; and Federal, state and local OSHA requirements during the performance of this contract. This information shall be reported to the VA BHHCS within 45 days after a violation(s) and/or citation(s) becomes final.

1. The Contractor shall include information on all related business entities including associated firms that are owned by the Contractor or owned by a common parent company, or any subcontractor that will be involved in any portion of the transport and end disposal of wastes covered under this contract.

2. If no discharge or violations have occurred, the Contractor and subcontractor(s) must provide a statement that certifies no discharges or violations have occurred.

VI. CONTRACTOR, CONTRACTOR STAFF, AND SUBCONTRACTOR STAFF.

A. The Contractor will be responsible for ensuring all Contractor and/or subcontractor staff providing work on this contract are fully trained and competent to perform the required work.

B. The Contractor shall make available from their staff and/or their subcontractor(s) at least one key staff member as a technical point-of-contact (POC). This person shall be available and uninterrupted during all external (e.g., Federal, state, local) inspections and audits; and all internal {e.g., Veteran Affairs (VA), Veterans Health Administration (VHA), VHA Regional Offices, etc.} inspections and audits that are conducted at the VA BHHCS. The office number, cell phone number, and email address, for this technical POC shall be provided to the VA BHHCS.

1. The person serving as the technical POC shall have the technical and regulatory training, knowledge, experience, and authority, to serve in this capacity.

2. This person will assist with any questions/inquiries that inspectors/auditors may have for each contracting and subcontracting company who provides services for the VA BHHCS under this contract.

3. This person will assist with any documentation requests that inspectors/auditors may have for each contracting and subcontracting company who provides services for the VA BHHCS under this contract.

4. Notifications and arrangements shall be made by the COR, or their designee, in advance, as soon as possible, with the POC for all announced inspections and audits.

5. For all unannounced inspections and audits, notifications and arrangements shall be made as soon as possible/feasible by the COR, or their designee.

C. The Contractor shall ensure its employees and subcontractors, have been provided training to their personnel on established policies and procedures for appropriate waste management practices. Examples include, but are not limited to, packaging, transport, treatment, disposal, documentation, billing/invoicing, spill clean-up, etc.

D. Contractor and/or subcontractor employees providing on-site services shall be trained and certified in 40-Hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training and wear appropriate protective equipment (PPE) when handling hazardous waste.

1. It shall be the responsibility of the Contractor to ensure all Contractor and subcontractor staff that perform on-site services shall be fit-tested with respirators appropriate for any types of chemical spill/spill clean-up operations that may occur while on VA BHHCS property or while VA BHHCS waste is in transit.

2. The Contractor shall ensure that all Contractor and subcontractor staff shall carry in their transport vehicle(s) all respirators that they have been fit-tested for.

E. The Contractor shall provide a list of names, titles, addresses, telephone numbers (including cellular), pager numbers, facsimile numbers, and e-mail addresses of Contractor and subcontractor staff that will perform the on-site work duties and functions of this contract.

F. All subcontractors of the Contractor must be approved, in writing, by the COR, or their designee.

G. The VA BHHCS may either suspend or terminate Contractor performance if its employees and/or subcontractors fail to perform all work and services in compliance with, and in accordance to:

1. All Federal, state, local, and municipal, laws, regulations, rules, and requirements.

2. All Department of Veteran Affairs and VA BHHCS directives, rules, policies, and requirements.

3. National consensus standards (e.g., Joint Commission, National Fire Protection Association, etc.).

H. It shall be the responsibility of the Contractor to develop a Corrective Action Plan (CAP) to demonstrate what the Contractor and subcontractor will do, including timelines and a completion date, to correct deficiencies in legal and regulatory compliance, and VA BHHCS policies and requirements.

1. The CAP shall be submitted to the CO and COR, or their designee, for review, concurrence, and written approval.

2. All corrective actions must be completed to the satisfaction of the CO and COR, or their designee.

3. The VA BHHCS may terminate the contract if Contractor and/or subcontractor legal compliance is not achieved.

I. If a subcontractor is suspended or replaced by the Contractor from this contract, performance and continuity of products and services under this contract shall not be interrupted.

J. If a subcontractor is suspended or replaced by the Contractor from this contract, the Contractor shall be responsible for finding a suitable replacement. The Contractor shall be solely responsible for all costs, resources, etc., associated and incurred with finding an approved replacement subcontractor.

K. Replacement subcontractors must be approved, in writing, by the CO, COR, or their designee.

VII. IDENTIFICATION, CHECK-IN, PARKING, DRESS, AND SMOKING REGULATIONS.

A. Use of tobacco products are prohibited at VA BHHCS facilities.

B. If Contractor and subcontractor staff are issued VA BHHCS badges, they shall wear the badges on their person, in a visible location, while on VA BHHCS premises. These badges remain the property of the Department of Veteran Affairs.

C. Contractor and subcontractor staff shall report to the COR’s office, or their designee’s office, when arriving on campus prior to commencement of work.

D. If there are urgent or emergency situations that occur while the Contractor and/or subcontractors are on-site, the COR will provide instructions on what Contractor/subcontractor staff will need to do. This information and other facility elements shall be reviewed prior to the commencement of on-site services.

E. Parking is only allowed in designated areas; or as identified by the COR, or their designee.

F. The Contractor shall ensure that its employees and subcontractors shall dress appropriately for the weather and work practices needed to perform the services listed in this contract – to include personnel protective equipment (PPE).

G. Possession of weapons or contraband is prohibited and shall be subject to arrest and termination from future performance under this contract.

H. All Contractor and subcontractor vehicles, vehicle contents, and other items, shall be subject to search at the discretion of the VA BHHCS.

I. Violations of Federal, state, local, or municipal laws, rules or regulations; or violations of Department of Veteran Affairs rules, policies, requirements or regulations may result in a citation answerable in a United States (Federal) District Court.

VIII. INDEMNIFICATION.

A. It shall be expressly agreed and understood by the Contractor and the VA BHHCS, that the Contractor agrees to indemnify the VA BHHCS against the following, which is caused in whole or part, by the Contractor’s breach of any part of this contract – to include any negligent or willful act or omission of the Contractor, and its employees and subcontractors, in the performance of this contract:

1. Liabilities, claims, penalties, incidents of death, and bodily injuries.

2. Destruction or damage to property.

3. Contamination or adverse effects on the environment.

4. Violations, penalties, fines, etc., of Federal, state, or local, government laws, rules, or regulations.

IX. REGULATORY PENALTIES AND FINES.

A. In the event a regulatory agency assesses a monetary penalty or fine against the VA BHHCS for violations caused by the Contractor, the Contractor shall reimburse the VA BHHCS for the monetary penalty or fine.

See attached document: Final WasteStreamPriceList2020.

See attached document: Final SuppliesPriceList2020.

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…