36C26326Q0985.pdf

PAGE 1 OF1. 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. UEI: EFT:

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. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26326Q0985 08-06-2026

Cameron Rick 651-293-3036 08-14-2026 12:00pm CDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

X 100

X

562112

$47 Million

N/A

X

36C568

DEPARTMENT OF VETERANS AFFAIRS

Black Hills Health Care System

113 Comanche Rd.

Ft. Meade SD 57741

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Y

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

PO BOX 149971

AUSTIN TX 78714-9971

See CONTINUATION Page

This solicitation is to provide services to the Black Hills Health Care System

See SOW for Hazardous Waste Disposal requirements.

Note block 30 - This document must be signed and returned in order to be considered. Email all required and completed documents to: cameron.rick@va.gov.

This solicitation replaces RFP 36C26326R0067 as a result of correcting issues on the past solicitation. Questions received under the past solicitation are answered under this solicitation. See attached answers.

No additional questions will be received.

Solicitation will close at 12:00PM Central on August 14, 2026.

This solicitation is a total SDVOSB set-aside.

See CONTINUATION Page

X

X X X 1

Cameron Rick Contracting Officer

36C26326Q0985

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

STATEMENT OF WORK

Quality Assurance Surveillance Plan (QASP)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.7 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.12 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: Questions and Answers See attached document: Waste Disposal Schedule See attached document: Disposal Supplies Price List See attached document: Wage Determination - Ft. Meade See attached document: Wage Determination - Hot Springs See attached document: Wage Determination - Rapid City

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (JUL 2026)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.8 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 36C263 Cameron Rick

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

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.

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

AMENDMENT NO DATE

STATEMENT OF WORK

VA Black Hills Health Care System (BHHCS)

BHHCS Hazardous Waste Transport-Disposal Contract.

ACRONYMS.

BHHCS..............Department of Veteran Affairs Black Hills Health Care System CAP................... Corrective Action Plan CO..................... Contracting Officer COR…...............Contracting Officer Representative DOT...................Department of Transportation FM VAMC..........Fort Meade VA Medical Center EPA................... Environmental Protection Agency GEMS................Green Environmental Management System HS VAMC.......... Hot Springs VA Medical Center LQG................... Large Quantity Generator of Hazardous Waste MPH.................. Miles per Hour NFPA.................National Fire Protection Association NOV(s).............. Notice of Violation(s) PPE................... Personal Protective Equipment PRC...................Pine Ridge VA Clinic RCC...................Rapid City VA Clinic RCRA................ EPA’s Resource Conservation and Recovery Act RMW................. Regulated Medical Waste SD-DANR.......... State of South Dakota Department of Agriculture and Natural

Resources SOW..................Statement of Work SQG.................. Small Quantity Generator of Hazardous Waste.

SQHUW.............Small Quantity Handler of Universal Waste TJC....................The Joint Commission TSDF................. Transport, Storage and Disposal Facility UN..................... United Nations USP................... United States Pharmacopeia VA......................Department of Veterans Affairs VAMC................ Veterans Affairs Medical Center VHA................... Veterans Health Administration VSQG................ Very Small Quantity Generator of Hazardous Waste

INTRODUCTION.

I. The BHHCS intends to award a firm-fixed-price contract to a qualified firm with the capability and capacity to provide services for the BHHCS GEMS Program; in accordance with all current Federal, state and local laws and regulations; VA, VHA, or BHHCS directives, handbooks, policies, procedures, etc.; including all applicable and relevant consensus standards (e.g., NFPA, USP, TJC).

II. The firm-fixed-price contract shall be for one base year, with the potential for an additional four (4) option years at the discretion of the BHHCS.

A. The services specified in this SOW shall be provided and conducted according to the most current version of this SOW and contract, and according to the most current Federal, state, and local laws/regulations; and VA, VHA, and BHHCS directives, policies, procedures, etc.; and consensus standards.

B. Should laws, regulations, consensus standards, mandates, etc.; VA, VHA, or BHHCS directives, handbooks, policies, procedures, etc.; change, the Contractor shall abide by, and update and provide appropriate services per the new requirements.

C. The Government shall assume no liability or responsibility for the Contractor’s compliance or non-compliance with such requirements.

III. The selection of an Offeror to fulfill the needs and purposes of this SOW shall be based on best value to the government.

IV. “Best value to the government" means the expected outcome of an acquisition that, in the government’s estimation, provides the greatest overall benefit in response to regulatory and legal requirements and obligations, and other requirements and obligations, specified in this SOW and contract.

V. This SOW is for offsite transportation and final disposition for hazardous wastes, non-hazardous wastes, universal wastes, and other types of wastes that are part of this contract. This includes the possibilities of:

A. Scheduling emergency waste shipment(s) due to unforeseen and/or unusual circumstances.

B. As needed or required, adding and/or subtracting other BHHCS facilities (i.e., RCC, PRC) from current and future stopping points for picking up and shipping hazardous wastes from them.

VI. 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.

C. The CO, among other things, is the only person that has the authority to:

1. Enter into, administer, or terminate this contract.

2. Make determinations and findings.

3. Bind the Government to the terms of this contract.

Billing, Invoices and Payment.

I. Payment of services rendered, and supplies used under this contract shall be made in arrears.

II. At the discretion of the BHHCS, it may not authorize payment until such time that the COR receives and reviews for accuracy:

A. All offsite transportation services have been performed/provided and are completed.

B. All Contractor-supplied supplies/materials, and equipment used during hazardous waste shipments.

III. Billing statements/spreadsheets and invoices are submitted to the COR to review the accuracy of the services/products provided/supplied. Among other things (e.g., company address, phone number, etc.) the following is also required on the billing statement:

A. The contract number.

B. The purchase order number.

C. The period of performance for the contract (e.g., Base Year, Option Year 1).

Reminder: Option years are at the discretion of the BHHCS.

D. Manifest number(s).

E. A complete and accurate description of services, including dates of services performance.

F. The amounts/quantities, unit prices, extended totals, and any other data relevant for billing and payment purposes.

G. The remaining balance on the contract.

H. Enough information must be provided so the person reviewing the invoice can match up manifest information, quantities of supplies/materials received or used, etc., with each billing invoice.

IV. Separate billing statements and invoicing shall occur for the following services:

A. Offsite transport and final disposition of all wastes.

B. Use of Contractor-provided supplies/materials (e.g., shipping containers) during hazardous waste shipments.

Check-In, Parking, Dress, and Smoking Regulations.

I. Use of tobacco products are prohibited at BHHCS facilities.

II. Contractor and/or subcontractor staff shall report to the COR’s office when arriving on campus prior to commencement of work.

III. If there are urgent or emergency situations that occur while the Contractor and/or subcontractors are onsite, the COR will provide instructions on what Contractor/subcontractor staff will need to do.

IV. Parking is only allowed in designated areas; or as identified by the COR.

V. 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 SOW – to include personnel protective equipment (PPE).

A. Patient care continues at the BHHCS. Please consider our Veterans as clothing selections are made.

B. Assure clothing is clean, pressed, and in good condition (free of holes, tears, and stains).

C. Examples of inappropriate clothing include tank tops, halter tops or halter dresses, denim with holes and tears (jeans), bib overalls, spandex shorts, shorts, tight or revealing clothing, and clothing with offensive prints, logos, etc.

D. Footwear shall meet safety requirements.

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

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

VIII. Violations of Federal, state, or local, laws, rules or regulations; or violations of VA rules, policies, or other requirements; or consensus standards; may result in a citation answerable in a United States (Federal) District Court.

Indemnification.

I. It shall be expressly agreed and understood by the Contractor and the BHHCS, that the Contractor agrees to indemnify the BHHCS against the following, which is caused in whole or in 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:

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

B. Destruction or damage to property.

C. Contamination or adverse effects on the environment.

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

Regulatory Penalties and Fines.

I. In the event a regulatory agency assesses monetary penalties or fines against the BHHCS for violations caused by the Contractor, and its employees and subcontractors, in the performance of this contract, the Contractor shall reimburse the BHHCS for the monetary penalties or fines.

DEFINITIONS.

I. For the purposes of this SOW, the following definitions apply:

A. “Time Zone” is defined as Mountain Standard Time (MST).

1. The BHHCS is located in, and operates according to MST.

2. Times stated in this SOW are Mountain Standard Time (MST) unless specifically stated otherwise.

B. “Business Day” is defined as: Monday through Friday, excluding Federal holidays. Unforeseen circumstances (e.g., national emergency) may impact or affect this definition and will be determined to what extent, if any, at that time.

C. “Business Hours” are defined as: 8:00am – 4:30pm (MST), Monday through Friday, excluding Federal holidays. Unforeseen circumstances (e.g., national emergency) may impact or affect this definition and will be determined to what extent, if any, at that time.

D. “Billing” is defined as the use of spreadsheets, Bills of Lading, manifests, and other documents that provide the details relevant to the services provided or products sold, along with the total amount the customer owes.

E. “Invoicing” is defined as detailing a specific transaction and requesting payment.

SERVICE: OFFSITE TRANSPORT AND FINAL DISPOSITION OF WASTES.

Requirements, Scope, and Description of Work.

I. The qualified firm must have the capacity and capability to provide transport and disposal of hazardous wastes, non-hazardous wastes, dual wastes, universal wastes, etc., as specified in this SOW and contract, in accordance with:

A. Federal, state, and local, laws and regulations.

B. VA/VHA directives, policies, procedures, etc.

II. Transport, treatment, and final disposition of wastes outside of the Continental US is prohibited under this SOW and contract.

III. Acceptance of wastes covered under this contract at a permitted TSDF does not constitute final disposal; and does not constitute completion of this contract.

IV. It is the Contractor’s responsibility – either by themselves and/or via subcontractors

– to ensure all wastes covered under this contract are transported, treated, and that final disposition of all wastes have occurred, and all documentation has been provided to the COR.

V. The Contractor shall ensure final disposition of all wastes covered under this contract are completed in a manner that leaves no future expense to the Federal government or the BHHCS.

VI. All pharmaceutical wastes, regardless of being hazardous, non-hazardous, dual, etc., are required to be incinerated. No other treatment or disposal method is allowed.

VII. All regulated medical wastes (e.g., infectious, bio-hazardous) and pathological wastes (e.g., body parts) are required to be incinerated. No other treatment or disposal method is allowed.

VIII. Contractor services shall include, but are not limited to, all labor, supplies, materials, tools, equipment, travel, work processes, transportation, treatment, final disposition, documentation, and support services, required to fully perform all tasks and services associated with this part of the contract.

A. The BHHCS reserves the right to halt work if the CO or COR reasonably believe the work being done represents an imminent danger or a hazard to life, health, property, or the environment; or is being performed in an unsafe or unhealthy manner.

B. 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 that were taken to address it.

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

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

IX. The Contractor, its employees and subcontractors, must possess the necessary technical knowledge, expertise, 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 in compliance with all current:

A. Federal, state, and local, laws, regulations, requirements, etc.

B. VA, VHA and BHHCS directives, rules, policies, requirements, etc.

C. National consensus standards (e.g., Joint Commission, National Fire Protection Association, United States Pharmacopeia, etc.).

X. Licenses, Permits, Registrations, Training, Certifications.

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

B. The Contractor shall provide copies of all licenses, permits, registrations, etc., of the Contractor and subcontractor(s) to the COR at the following times:

1. Submission with the Contractor’s bid proposal.

2. At the beginning of each new contract period (i.e., option year) exercised by the BHHCS.

3. Whenever licenses, permits, registrations, training, etc., are renewed or updated.

4. When a new subcontractor(s) is used.

5. Whenever new licenses, permits, registrations, training, etc., must be obtained by the Contractor or subcontractor(s).

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

D. 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 BHHCS.

XI. Contractor services shall be updated, which includes working with the COR when any:

A. Regulatory changes or updates (e.g., Federal, state, local, etc.) occur during a contract period.

B. Changes or updates to VA, VHA, or BHHCS directives, policies, and requirements, occur during a contract period.

C. Changes or updates to consensus standards occur during a contract period.

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

A. Services may need to be performed or extended outside of regular business hours and/or business days, due to weather, construction, inspections, the amount of waste being shipped, etc. Normally, this is not expected to occur. The COR keeps the Contractor and/or drivers informed of these events and/or situations as soon as they are identified, and provides periodic updates.

1. Since this has occurred in the past, the Contractor must factor this into their work schedules if this happens.

2. For weather-related incidents, some years can be more impactful than others.

a. Weather-related incidents required working before 8:00am (MST) and/or past 4:30pm (MST):

i. Higher sustained winds (30+ mph) and/or higher wind gusts (40+ mph).

ii. Low or subzero temperatures with sustained winds and wind gusts may require frequent breaks to stay warm.

iii. Blizzard conditions, snow, ice, etc., causes poor road conditions for traveling and road closures.

b. Weather-related incidents where a waste shipment was extended by one

(1) day, and another waste shipment by two (2) days.

c. Performing waste shipments from late-November to mid-January – around the winter solstice (Dec. 21) – could mean working with little or no sunlight at times.

B. The COR will arrange for regular/routine (i.e., non-emergency) waste pickup and transport services for the BHHCS.

1. Waste storage areas are located in several locations at each VAMC.

2. Access to these storage areas will be coordinated with the COR.

C. The COR will arrange for “emergency” waste pickup and transport services for the BHHCS.

1. These are not expected to occur, but if they do, they should be on a very infrequent (i.e., rare) basis.

2. These may occur at any time due to unforeseen/unknown circumstances, or circumstances beyond the normal control of the BHHCS. Examples may include:

a. A large gasoline/diesel spill.

b. A chemical spill that occurs over a large area.

c. A regulatory agency requires the BHHCS to ship wastes offsite immediately.

d. The BHHCS has to ship wastes offsite immediately to maintain compliance with EPA’s hazardous waste regulations (e.g., running out of storage space for wastes).

XIII. The Contractor shall perform and fill out all waste determination and classification forms, and all waste profile forms, for all wastes picked up as part of the services provided for this contract.

A. Documentation of all Contractor waste determinations and classifications and all waste profile forms must be provided to the COR. Please note that waste profile forms are not acceptable as waste determinations and classifications.

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

C. The Contractor shall submit templates of all contractor and subcontractor forms and documents (e.g., waste determination and classification forms, waste profile forms, shipment inventory forms), with their bid proposal.

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

A. The Contractor shall ensure waste items are segregated by DOT’s hazardous materials classes (a.k.a., Hazard Classes 1-9) and their divisions if required, and by chemical compatibility.

B. For overpacks, 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.

1. The BHHCS needs to overpack some of its waste containers “into the largest container feasible that is compatible with the wastes being stored in it” to minimize the number of overpacks the BHHCS orders, stores, uses, ships, and pays for.

2. The BHHCS is required to use some waste containers that are either not UN-rated and/or not DOT-approved containers. Thus, these containers must be overpacked into UN-rated and/or DOT-approved containers prior to being shipping offsite.

3. The BHHCS also uses some waste containers that are either not UN-rated and/or not DOT-approved in order to meet specific patient safety, staff safety, security, OSHA, etc., requirements. Thus, these containers must be overpacked into UN-rated and/or DOT-approved containers prior to shipping offsite.

4. Cubic Meter Boxes (CMBs) and Cubic Yard Boxes (CYBs) are the largest overpack containers that will be used for BHHCS’ waste containers.

C. For smaller waste containers, the Contractor shall ensure these are placed into the smallest overpack container feasible that is compatible with the wastes being stored in it, unless directed otherwise by the COR.

1. The Contractor will use the smallest overpack needed for the size of the waste container(s) being overpacked.

2. An example is a 5-gallon overpack or 10-gallon overpack is used for a single 2-gallon container; not a 15-gallon overpack or a 20-gallon overpack.

D. The Contractor and its subcontractors shall dispose of BHHCS wastes in the following preferred priority, unless specified elsewhere in this SOW (e.g., pharmaceutical wastes and regulated medical wastes via incineration only):

1. Recycling to another party for future use if legal, and/or economically feasible and practicable.

2. Treatment of wastes (e.g., neutralization, incineration, stabilization, etc.) 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.

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

Spills and Leaks.

I. The Contractor shall ensure all Contractor and subcontractor vehicles used for transportation of BHHCS wastes performed under this SOW, 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, unloading, and transport.

II. The Contractor shall assume all safety measures to prevent harm or injury to:

A. BHHCS patients, visitors, employees.

B. Contractor and subcontractor staff (e.g., PPE for Contractor and subcontractor staff).

C. BHHCS property (e.g., don’t drive on the grass, run over signposts, etc.).

D. The environment (e.g., storm drain covers).

III. The Contractor and its subcontractors, without additional cost to the 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.

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

B. The Contractor and subcontractor shall report all spills or leaks that occur on BHHCS property immediately to the COR.

C. Spills or leaks that occur during transport of BHHCS’ wastes shall be reported (via phone call) to the COR as soon as possible, but no later than four (4) hours of the occurrence. Continued updates shall occur on a timely basis (e.g., by phone), as determined by the BHHCS. Updates will be determined at the time of the initial notification by the Contractor, and continue until the incident has been successfully cleaned up or remediated to the satisfaction of all:

1. Federal, state, and/or local, authorities having jurisdiction.

2. The BHHCS.

3. The CO and/or COR.

D. A written report of the timelines, people, circumstances involved, the spill itself, cleanup and remediation efforts, etc., shall be sent by the Contractor to the CO and COR and any appropriate regulatory agencies, if required.

1. This report shall be sent to the CO and COR, within two (2) calendar days of the incident, or after the successful cleanup/remediation of the incident;

whichever is longer.

2. All additional Contractor documentation generated as part of the incident shall be sent to the CO and COR.

IV. In the event of a Contractor- or subcontractor-caused spill/release during the onsite or offsite performance of services, the Contractor shall be responsible for all costs associated with the satisfactory spill cleanup and remediation of the incident.

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

B. The remediation efforts shall be performed to the satisfaction of all:

1. Federal, state, and/or local, authorities having jurisdiction.

2. The BHHCS.

3. The CO and COR.

Contractor, Contractor Staff, and Subcontractor Staff.

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

II. 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).

A. This person shall be available and uninterrupted during all internal inspections/audits (e.g., VA, VHA, BHHCS) or external inspections/audits (e.g., Federal, state, or local regulatory authorities) that are conducted at the BHHCS.

The office number, cell phone number, and email address, for this technical POC shall be provided to the BHHCS.

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

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

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

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

III. The Contractor shall ensure its employees and subcontractors, have received training 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.

IV. Contractor and subcontractor employees providing onsite 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 and cleaning up hazardous waste spills.

V. The Contractor shall provide a list of names, titles, addresses, telephone numbers (including cellular), pager numbers, facsimile numbers, and e-mail addresses of Contractor staff and subcontractor staff that will perform onsite waste shipment work duties and functions for this contract.

VI. The BHHCS maintains and may exercise the right to disapprove of any Contractor or subcontractor employee, that performs duties for hazardous waste shipments while on VA property or in areas where VA patients are treated, regardless of the capacity in which that person works.

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

A. All Federal, state, local, laws, regulations, rules, and requirements.

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

C. National consensus standards (e.g., TJC, NFPA, USP).

VIII. It shall be the responsibility of the Contractor to develop a CAP to demonstrate what the Contractor and subcontractor(s) will do, including timelines and a completion date, to correct deficiencies in legal and regulatory compliance, BHHCS policies and requirements, and consensus standards.

A. The CAP shall be submitted to the CO and COR for review, concurrence, and written approval.

B. All corrective actions must be completed to the satisfaction of the CO and COR.

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

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

X. If a Contractor or subcontractor employee 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 Contractor or subcontractor employee.

XI. The Contractor staff on site shall adhere to the following security requirements:

A. Complete the following TMS course:

1. TMS 20939: VA Privacy Training for Personnel without Access to VA

Computer Systems or Direct Access to or the Use of VA Sensitive Information B. Course will be provided upon contract award.

Quality Assurance.

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

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

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

A. Timely pickup and transport of wastes.

B. Timely and accurately completed manifests, shipping papers, and other documentation.

C. Sufficient and competent personnel, including personnel with expertise to perform waste determinations and characterizations, waste profiles, waste profile forms, and consultation services.

D. Sufficient equipment, materials, supplies; and vehicles in good working condition that meet Federal, state, and local regulations for carriage, safety, etc.

E. Timely final disposition of all BHHCS’ wastes and of submitting accurate documentation of final disposition of all wastes.

F. Timely and accurate billing and invoicing of all services.

G. Timely and accurate submission of all documentation associated with the performance of this contract.

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

A. Submission with the Contractor’s bid proposal.

B. Whenever changes or updates occur in the Contractor’s quality assurance program.

Documentation.

I. It is the Contractor’s responsibility to generate and obtain all documentation (e.g., manifests, Land Disposal Restrictions, waste determinations and classifications, waste profile forms, shipping information, etc.) from their staffs and subcontractors to document and prove that the timely transport, treatment, and final disposition of all wastes have been completed. This documentation shall:

A. Be maintained by the Contractor.

B. The originals or copies of all these documents shall be emailed electronically to the COR when the Contractor receives them.

C. 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 verifying that the Contractor or its subcontractors have accepted the wastes from the BHHCS and that the wastes are being properly shipped for final disposition. Manifests not signed by the COR shall be deemed invalid.

II. The Contractor shall ensure final disposition of all wastes covered under this SOW are completed in a manner that leaves no future expense to the Federal government or the BHHCS.

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

A. The Contractor and its subcontractors shall be required to keep current with all Federal, state, local, municipal, VA, VHA, and BHHCS, laws, regulations, policies, etc., regarding tracking, recordkeeping, manifesting, and documentation of all wastes covered under this SOW.

B. The Contractor shall provide to the BHHCS all additional licenses, permits, registrations, etc., that may be required by the Contractor and its subcontractors because of changes in such laws.

IV. The Contractor is still responsible for providing all services and documentation (as required/needed) for all work and services performed during a contract’s period of performance, even after that contract’s period of performance or the contract itself has ended.

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

V. The BHHCS shall monitor the work and performance of services stated in this contract to determine whether the performance standards and service levels are being met.

A. Outcomes for not meeting the requirements listed in this contract shall be discussed with the CO and COR for corrective actions.

B. The CO and/or COR shall discuss these outcomes with the Contractor, including any potential discrepancies and their corrective actions.

VI. All Contractor and subcontractor documents that are part of this SOW shall be provided to the BHHCS in the Contractor’s bid proposal; within five (5) calendar days upon request by the BHHCS; when they have changed or are updated; or as soon as possible if required by an internal inspector/inspection team (e.g., VA, VHA, BHHCS), or an external inspector/inspection team (e.g., Federal, state, or local regulatory authorities). Examples of these documents include, but are not limited to:

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

B. Lists 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.

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

2. The 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 when in conjunction with Federal, state, local, municipal, BHHCS, or other types of inspections.

3. 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, treatment, and final disposition covered under this contract (i.e., transport, storage, transfer, incinerator sites, etc.).

4. Provide a current copy of certificate of registration with the Federal and/or state EPA as a hazardous waste transporter for each business entity operated by the Contractor and all subcontractors that will provide service regarding any aspect of waste transport, treatment, and final disposition covered under this contract (i.e., transport, storage, transfer, incinerator sites, etc.).

C. All Contractor-specific documentation that needs to be filled out by the BHHCS, with their bid proposal (e.g., waste profile forms, shipment inventory forms/spreadsheets, etc.).

D. All subcontractor-specific documentation that needs to be filled out by the BHHCS, with their bid proposal (e.g., a TSDF requires that its waste profile form to be filled out before accepting a waste).

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

F. The BHHCS reserves the right to receive certificates of training and experience of all Contractor and all subcontractor staff performing offsite work functions/duties under this contract.

G. A list of all past and current NOVs and citations that the Contractor and any subcontractors have received for non-compliance with any Federal, state, and local requirements for the past three (3) years from the date of submission to the

BHHCS.

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 provide service regarding any aspect of waste transport, treatment, and final disposition covered under this contract (i.e., transport, storage, transfer, incinerator sites, etc.).

2. If no NOVs or citations were issued, the Contractor and subcontractor(s) must provide a statement that certifies “No NOVs or citations have been issued within the past three (3) years from the date of submission to the BHHCS.”

H. Report any future NOVs and citations that the Contractor and any subcontractors have received for non-compliance with any Federal, state, and local requirements during the performance of this contract. This information shall be reported to the BHHCS:

1. As soon as possible, along with notifying the BHHCS if any of its wastes were part of the inspection(s) and listed as part of the initial NOV(s) and citation(s).

2. As soon as possible, but not later than fifteen (15) days after the NOVs and/or citations become final, along with notifying the BHHCS if any of its wastes are listed as part of the final NOV(s) and citation(s).

Pricing.

I. All pharmaceutical wastes, regardless of being hazardous, non-hazardous, dual, etc., are required to be incinerated. No other treatment or disposal method is allowed. The Contractor shall price this disposal method accordingly.

II. All regulated medical wastes (e.g., infectious, bio-hazardous) and pathological wastes (e.g., body parts) are required to be incinerated. No other treatment or disposal method is allowed. The Contractor shall price this disposal method accordingly.

III. Pricing shall be on a “per pound” basis for each waste stream and will exclude the shipping container weight if the primary container is an UN-rated container (i.e., if a shipper wants to combine smaller UN-rated containers into a larger overpack container, the shipper can, but the BHHCS shall not pay for the overpack container or for the weight of the overpack container. When using non-UN or Non DOT containers in an overpack, the weight of these containers may be counted towards the billable weight.

A. Using “per pound” pricing instead of “container” pricing, will:

1. Help the BHHCS and Contractor avoid future contract modifications due to changing, adding, or deleting different sized containers used for collecting the various types of waste streams, or different containers from different manufacturers.

2. Help the BHHCS and Contractor streamline the billing/invoicing process for each hazardous waste shipment.

B. The BHHCS reserves the right to manage wastes and waste streams if an urgent or unforeseen circumstance occurs, or if a price is 35% (or less) than the price given by the Contractor.

C. The 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 final disposition, is 35% (or less) than the price given by the Contractor.

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

A. 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.

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

2. The BHHCS has two medical centers located in Fort Meade, SD, and Hot Springs, SD and one medical clinic located in Rapid City, SD. Waste shipments will occur regularly at these three sites (i.e., there will be stops at each of these site when a waste shipment occurs). It is anticipated that the waste pickups and shipments will occur at these two sites. However, Note: Fort Meade VAMC (FM VAMC), Hot Springs VAMC (HS VAMC), and RCC are grouped together on the “Waste Stream Price List” for pricing.

3. Waste shipments may also occur at the BHHCS’ Pine Ridge VA Clinic (PRC), on an as-needed basis: estimated to be once per year.

a. BHHCS’ Rapid City VA Clinic (RCC).

b. BHHCS’ Pine Ridge VA Clinic (PRC).

4. FM VAMC and HS VAMC are both SQGs LQGs of hazardous waste. Their waste shipments have first priority over all other BHHCS facilities. This means their wastes will be loaded onto a truck first.

5. RCC is a VSQG and is second priority for waste shipments. Currently, RCC’s wastes are transported to FM VAMC. As such, its wastes will be combined with FM VAMC’s wastes to be shipped offsite.

6. PRC is a VSQG and is third priority for waste shipments. Currently, PRC’s wastes are transported to either FM VAMC or HS VAMC. As such, its wastes will be combined with either one of these VAMCs’ wastes to be shipped offsite.

7. If either RCC and/or PRC become a SQG of hazardous waste, one or both shall become a requires a separate stop for shipping its hazardous wastes offsite, this shall extend each waste shipment by 1-2 days, or more.

8. Currently, all BHHCS sites are Small Quantity Handlers of Universal Waste

(SQHUW).

a. The Contractor and its subcontractors shall abide by and provide appropriate services per the requirements applicable to each universal waste generator classification.

b. Should a facility’s universal waste generator classification change, the Contractor and its subcontractors shall abide by the new requirements applicable to that universal waste generator classification.

9. The BHHCS already has separate mechanisms/contracts in place for transport and disposal of some of its wastes through other BHHCS departments/area/programs {e.g., regulated medical waste (e.g., infectious, bio-hazardous), pathological wastes, used oil, certain used batteries}.

However, this contract and the “Waste Stream Price List” spreadsheets shall include some of these types of wastes should these items need to be disposed of through this contract due to unforeseen events.

B. Pricing shall include all labor, supplies, materials, tools, equipment, travel, transportation, final disposition, documentation and support services required to categorize, package, transport, dispose, document, etc., all wastes covered in this contract.

SERVICE: SCHEDULE FOR ORDERING SUPPLIES, MATERIALS, AND

EQUIPMENT.

I. This schedule is strictly for Contractor-provided supplies during hazardous waste shipments only. The BHHCS will not be This is not a schedule for ordering normal, routine supplies through this schedule in the execution of this contract. This schedule may be used during unforeseen events such as emergency requirements, supply chain interruption, etc.