PWS — Sol. 36C77025R0008 — Rev 01

PERFORMANCE WORK STATEMENT (PWS)

Hazardous and Non-Hazardous Waste Disposal Services

VA Consolidated Mail Outpatient Pharmacy (CMOP) Program Solicitation 36C77026R0008

REVISED (02) – Removed FAR/VAAR and BPA references and language REVISED (01) - Incorporates Q&A FINAL Responses dated:

04/28/2026 05/18/2026

1. BACKGROUND

The Department of Veterans Affairs (VA) National Consolidated Mail Outpatient Pharmacy (CMOP) program dispenses over 130 million prescriptions per year (more than 500,000 per day) for VA Medical Centers (VAMCs) and Outpatient Clinics (OPCs) throughout the United States.

CMOP utilizes a combination of automated and manual procedures to prepare and dispense Over-the-Counter (OTC) and prescription drugs, controlled substance prescriptions, bulk-type prescriptions, and medical/surgical products directly by mail to patients. The CMOP facilities support all fifty states, Washington D.C., Puerto Rico, and U.S. Territories.

Seven CMOP facilities currently operate throughout the United States. Two facilities may be relocating during the contract performance period: the Leavenworth CMOP may be relocated to 23501 W. 84th Street, Shawnee, KS 66227. The Leavenworth and Murfreesboro CMOPs currently operate two locations under a single CMOP designation, denoted with an asterisk in Section 3.

2. OBJECTIVE

The CMOP requires Contractor(s) to remove and dispose of hazardous waste, universal waste, lab pack services, biohazardous waste (sharps containers), non-hazardous chemical waste, and controlled substances from all VA CMOP facilities at the locations listed in Section 3.

3. CMOP FACILITIES

Services shall be provided to all CMOP sites listed below. Pricing and rates established under this contract shall apply to each location, including dual-operation locations and any contingent or future locations adopted during contract performance. Locations are subject to change throughout the contract period depending on mission requirements.

Site Code

Facility Name Address

760* Leavenworth CMOP 5000 S. 13th Street, Leavenworth, KS 66048

Site Code

Facility Name Address

760A* Kansas CMOP (contingent relocation)

23501 W. 84th Street, Shawnee, KS 66227

761 Chelmsford CMOP 10 Industrial Way, Chelmsford, MA 01824

762 Tucson CMOP 3675 East Britannia Drive, Tucson, AZ 85706

763 Dallas CMOP 2962 S. Longhorn Drive, Lancaster, TX 75134

764* Murfreesboro CMOP - 5171 Sam Jared Drive, Murfreesboro, TN 37130

764* Murfreesboro CMOP - (contingent relocation)

3209 Elam Farms Parkway, Murfreesboro, TN 37127

765 Hines CMOP and Emergency Pharmacy Service (EPS)

5th & Roosevelt, Bldg. 37 NW, Hines, IL 60141

766 Charleston CMOP 4136 Carolina Commerce Pkwy, Ladson, SC 29455

* The Leavenworth and Murfreesboro CMOPs currently operate two physical locations under a single CMOP designation. All pricing, transportation, labor, and training rates apply to both respective locations.

4. SCOPE OF WORK

The intent of this contract is to establish an Indefinite Delivery, Indefinite Quantity (IDIQ) contract to provide hazardous, non-hazardous, universal, and specialty (i.e., hazardous pharmaceutical, non-hazardous pharmaceutical) waste disposal services to all CMOP facilities specified in Section 3, including any contingent or future locations. The Contractor shall provide all labor, supervision, materials, equipment, sanitized, disinfected and labeled containers, transportation, facilities, supplies, and waste manifests. The Contractor shall collect, analyze, prepare, package or approve CMOP packaging, label, remove, transport, store, treat, and dispose of waste under the resulting contract in accordance with the terms and conditions, specifications, and national consensus standards (The Joint Commission [TJC]); all Federal, State, and Local laws (including U.S. Environmental Protection Agency – EPA, Department of Transportation – DOT); and VA infectious medical waste requirements.

The Contractor shall maintain all necessary hazardous waste permits and licenses for the disposal and treatment of such waste. The Contractor shall also have an assigned U.S. Environmental Protection Agency (EPA) authorization and identification number, necessary Department of Transportation permits, and insurance prior to transport and/or disposal of subject waste. If the Contractor requires additional information, it may contact the U.S. EPA regional office. This acquisition is for a five-year contract with a base year and four (4) option years.

5. GENERATOR STATUS

All CMOP facilities currently operate as Small Quantity Generators (SQG) or Very Small Quantity Generators (VSQG) of hazardous waste. No CMOP facility currently operates as a Large Quantity Generator (LQG). Generator status by site is subject to change based on accumulation, and the Contractor shall remain attentive to status fluctuations — particularly at non-Subpart P locations, where P-listed pharmaceutical waste contributes directly to status determination under the 1 kg acutely-hazardous threshold.

6. SUBPART P STATUS BY LOCATION

All CMOP locations operate under 40 CFR Part 266 Subpart P (Management Standards for Hazardous Waste Pharmaceuticals) EXCEPT the following, which operate under RCRA:

• Leavenworth CMOP and Kansas/Shawnee CMOP (KS) - the State of Kansas has not adopted Subpart P.

• Chelmsford CMOP (MA) - the Commonwealth of Massachusetts has not adopted Subpart P.

At the non-Subpart P locations, P-listed pharmaceutical waste shall be managed as fully regulated Subtitle C hazardous waste, including all manifest, accumulation, container, and disposal obligations. The Contractor shall manage waste streams at each location consistent with the regulatory framework applicable to that location, which are subject to change at the federal or state level during the contract period.

6.1 Waste Profiles and Formulary Review

The Contractor is responsible for working with the VA CMOP CORs to develop and build all needed waste profiles. Formulary review and waste-stream classification support are included in the Contractor's unit pricing for hazardous waste removal services and shall not be billed as a separate CLIN. For each type of waste tendered to the Contractor, the CMOP COR shall provide the Contractor with a description of the waste (the “Waste Profile”) in a form acceptable to the Contractor. The Waste Description shall be set forth in the relevant Waste Material Profile Sheet and shall include a description of the waste stream’s chemical components and percentage composition (or relative mix in ranges acceptable to the Contractor); the process creating the waste; waste analysis results, if available; and a listing of unique chemical characteristics. The Contractor shall base its testing, evaluation, and procedures for waste services on the Waste Description.

Each Waste Profile shall meet the following requirements:

• Profiles shall be used by CMOPs which have multiple generating sites.

• Profiles shall be specific to each location: composition, physical and chemical characteristics, regulatory status, and process generating.

• The CMOP COR or assigned staff who sign the profile document must be authorized on behalf of all locations which may use the profile. Any modifications made to the profile are applicable to all users of the profile.

7. APPLICABLE REGULATIONS AND PUBLICATIONS

The Contractor shall be responsible for complying with all publications, including but not limited to those identified below, in effect at the time of the proposal and all future updates:

• 29 CFR 1910 - Occupational Safety and Health Standards.

• 40 CFR Subchapter C, Hazardous Materials Regulations, Parts 171-179.

• 49 CFR - Department of Transportation.

• 40 CFR Parts 261, 262, 264, 265, 266, 268, 270, and 273.

• Resource Conservation and Recovery Act (RCRA), as amended; including 40 CFR Part

266 Subpart P (Management Standards for Hazardous Waste Pharmaceuticals).

• Hazardous Waste Management System; User Fees for the Electronic Hazardous Waste

Manifest System (e-Manifest), and Amendments to Manifest Regulations.

• 21 CFR Part 1317 (DEA - Disposal of Controlled Substances).

• All applicable state and local environmental, hazardous waste, and transportation regulations.

8. CONTRACT COVERAGE

8.1 Categories of Waste Subject to This Contract

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

Extremely Hazardous Waste: All materials identified by the 1976 RCRA. This waste includes toxic corrosive acids, gases, chemicals, and solids which may be explosive, flammable, or highly corrosive and could cause disease or serious injury to human health.

Universal Waste: EPA universal waste regulations streamline hazardous waste management standards for federally designated “universal waste,” including batteries, pesticides, mercury-containing equipment, and bulbs (lamps). Universal Waste regulations are set forth in 40 CFR Part 273. The Contractor shall comply with state regulations in Arizona, Illinois, Kansas, Massachusetts, South Carolina, Tennessee, and Texas.

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

General Waste: Waste (non-infectious, non-hazardous) which is considered not to harbor any viable pathogens or hazardous materials. This waste may be placed into clear plastic liners and disposed of in landfills or incinerated.

Medical Waste: Bio-hazardous waste or sharps waste.

Hazardous Waste Pharmaceuticals: Pharmaceuticals that are considered RCRA hazardous by the EPA. Excluded are non-prescription pharmaceuticals that have a reasonable expectation of being used/reused or reclaimed.

Non-creditable Hazardous Waste Pharmaceutical: Pharmaceutical waste that is RCRA hazardous and does not have the potential for manufacturer credit.

Non-hazardous Waste Pharmaceutical: A pharmaceutical that is not RCRA hazardous, therefore not regulated under Subpart P. State and/or local regulations may apply for proper disposal.

Non-pharmaceutical Hazardous Waste: A RCRA hazardous waste that does not meet the definition of pharmaceutical. RCRA regulations continue to apply to this waste stream.

Pharmaceutical: Any drug or dietary supplement for use by humans or animals, including OTC, prescription, dietary supplements, homeopathic drugs, compounded drugs, electronic nicotine delivery systems and liquids, investigational drugs, drug-container residue from non-empty containers, contaminated personal protective equipment, clean-up material from pharmaceutical spills, and unused sharps such as GLP-1s. It does not include used medical waste or dental amalgams.

Potentially Creditable Hazardous Waste Pharmaceutical: Prescription pharmaceutical waste that is RCRA hazardous and has the potential for manufacturer credit (undispensed, in original manufacturer container, less than one year expired).

Mixed Waste (informational): Mixtures of medical and non-medical waste. CMOP facilities do not generate radioactive waste. Accordingly, no radioactive mixed waste is anticipated under this contract. The Contractor shall notify the COR immediately if any unexpected radioactive contamination is identified.

A list of common categories of waste produced by the CMOPs is provided in Section 19.

8.2 Categories of Waste NOT Subject to This Contract

• Industrial or manufacturing waste: solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA.

• Mail-back pharmaceutical containers: handled under a separate VA vendor agreement.

• Reusable pharmaceutical containers: handled under a separate VA vendor agreement.

9. DISPOSAL AND SANITATION REQUIREMENTS

The Contractor shall use environmentally sound methods of treating and destroying wastes such as incineration and recycling, or any other acceptable methods, in accordance with EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. The pick-up area where containers are placed shall be maintained in a clean, orderly, sanitary condition. Attention shall be paid to the prompt cleanup of oil and/or grease spills, either generated from vehicles used to haul containers or because of container leakage. Contractor-furnished containers shall be kept neat, clean, sanitary in appearance, and repaired or replaced as necessary.

Contractors shall refer to the participating VA CMOP’s preferred disposal hierarchy when determining waste disposition: (a) recycling, (b) fuel blending / energy recovery, (c) incineration (Part B permitted incinerators), or (d) treatment (neutralization, stabilization) and/or landfill.

Incineration has historically been the predominant disposal method for CMOP waste streams; offerors should price accordingly while remaining flexible to alternative hierarchy methods where appropriate. A detailed description of the VA CMOP disposal hierarchy is available from the Contracting Officer’s Representative (COR).

The Contractor shall comply with all applicable Federal, state, and county regulations on workers’ safety standards and related training. All Contractor personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials and emergency procedures to be followed in case of a spill. Certification of such training must be provided within fifteen (15) days of receiving notice of award. Certification for any new employees shall be provided to the Contracting Officer within thirty (30) days of receipt of the training or the employee’s start date if they already have the required training.

10. SAFETY REQUIREMENTS

The Contractor shall exercise safety precautions, as deemed necessary by the Contracting Officer or designee during the performance of the contract, to protect lives and health. The Contracting Officer/designee will notify the Contractor of any noncompliance and advise the Contractor of corrective action. After receiving such notice, the Contractor shall immediately initiate corrective action. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue a stop-work order for all or any part of the work and hold the Contractor in default as provided elsewhere in this contract.

11. HOURS OF OPERATION

This contract is a full-service contract to include all necessary service calls, Monday through Friday, eight (8) hours per day, between the hours of 6:00 AM and 4:30 PM (depending on location), National Holidays excluded. Any service or repair performed outside of normal working hours shall be approved in advance by the Contracting Officer’s Representative (COR) at a price agreed to by the Contractor and Contracting Officer. If appropriate, the Contracting Officer may authorize additional services under a separate contract modification.

Core Work Hours: Services shall be performed according to specifications of the Contracting Officer and COR. Core work hours for the facilities are 8:00 AM to 2:00 PM, local time.

Weather Delays: If climate or weather conditions become unsuitable for work or may induce an environmental hazard, work may be rescheduled to a date and time satisfactory to the COR.

Climate or weather postponement will not cause penalties to be assessed to the Contractor, nor shall there be any additional cost to the Government.

Holidays: The following Federal holidays are observed: New Year’s Day; Martin Luther King Jr.’s Birthday; Washington’s Birthday; Memorial Day; Juneteenth National Independence Day;

Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; Christmas Day. When a holiday falls on a Sunday, the following Monday is observed; when it falls on a Saturday, the preceding Friday is observed by U.S. Government agencies.

12. IDENTIFICATION BADGE / UNIFORM

All Contractor personnel shall present a Government picture ID and sign in to receive a Contractor identification badge before any work is performed, detailing the work performed, and shall return to the same location to sign out and turn in said badge along with a documented service report for the service performed. The badge shall always be worn in a visible location on the worker while on VA property.

13. PARKING

Park only in areas designated by the COR or otherwise directed by CMOP Security Service Personnel. The Contractor shall display on each of its vehicles the company name in a manner and size that is clearly visible. The Contractor shall conform to posted speed limits and parking restrictions set at each CMOP (Government) facility.

14. GOVERNMENT-FURNISHED PROPERTY AND SERVICES

Storage Areas: The Government will provide secure storage areas to store the Contractor’s furnished containers and accumulated hazardous waste. The VA CMOP facility may package or consolidate its own waste stream and use Contractor-provided packaging if such packaging or consolidation complies with DOT and other regulations.

Pick-Up Schedule: Scheduled pick-up frequency at each CMOP location ranges from one (1) to four (4) pickups per year per site, dependent on generator status, accumulation rate, and waste stream type. Pickups are typically scheduled two (2) to four (4) weeks in advance through coordination between the COR and the Contractor. Once a pickup has been formally requested through the COR, the Contractor shall complete removal within four (4) to fourteen (14) calendar days unless otherwise specified by the COR.

Container Sizing: Most onsite containers are 30-gallon and 55-gallon sizes, with 5-gallon, 85-gallon, lab-pack, and flexbin/cubic-yard containers provided as needed. The Contractor shall furnish all containers as part of the unit (each) pricing under this contract. Where containers, like flexbins or manufacturer wrapped packaging, are stored on pallets, the VA will transport the pallet to the loading dock. The Contractor is responsible for transporting onto a vehicle. VA will not transport individual items in a flexbin or on a wrapped pallet to another container for easier Contractor transport.

EPS Hines disposes of bulk-volume waste in manufacturer containers at the pallet scale (multiple pallets per pickup event are anticipated). The max weight of each pallet is 1,200 lbs.

Historically, the most pallets in a single pick up was 54, which took multiple trips. EPS pickups are more frequent than CMOPs and range from six (6) to twelve (12) per year.

Unscheduled Collection: Unscheduled (emergency) pickups have historically been extremely rare. The COR may require the Contractor to make unscheduled collections or disposals for special events or other occasions. The Contractor shall respond within twenty-four (24) hours of the event, or sooner if part of an Emergency Spill Response and the Contractor has developed a written agreement to respond to such events. Unscheduled services shall be ordered and billed in accordance with the unit pricing limits established at the time this contract is signed.

Forms: CMOP (Government) personnel will complete and sign appropriate information on Contractor-provided waste analysis forms.

15. CONTROLLED SUBSTANCES HANDLING

This contract includes the disposal of partially dispensed or not dispensed manufacturer container, controlled substances at the following CMOP locations: Charleston CMOP, Murfreesboro CMOP, and the Emergency Pharmacy Service (EPS) co-located with Hines CMOP. EPS Hines generates bulk-volume controlled substances waste at the pallet scale (multiple pallets per pickup event are anticipated). Sites generating controlled substances may change during the contract performance period due to operational adjustments.

Controlled substances under this contract are partially dispensed and not eligible for DEA Form 41 destruction. The Contractor - or an approved subcontractor - shall be a DEA-registered Reverse Distributor (21 CFR Part 1317) and shall provide all required DEA documentation, chain-of-custody, and disposal records consistent with applicable DEA, EPA, and state regulations. The Contractor shall structure pricing to capture both routine container-volume disposal and bulk pallet-volume disposal at EPS Hines, including any specialized transport (e.g., trucks capable of transporting palletized loads).

16. CONTRACTOR PERFORMANCE

16.1 Work Practices and Standards

The Contractor shall maintain established standard operating procedures (SOPs) for normal hazardous waste management activities, including site safety and contingency procedures, strike contingency plan, operational procedures, site management structure, supplies, equipment practices, material sampling procedures, hazard assessment and categorization procedures, packing procedures, quality assurance procedures, procedures for gaining waste acceptance into a facility, and project management procedures.

16.2 Characterization of Waste

The Contractor shall provide documentation that it has characterized the hazardous nature of all wastes produced by all equipment, devices, reagents, and discharges in accordance with the requirements of 40 CFR Part 261 et seq. and applicable state and local requirements.

Documentation shall include a description of the characteristics of the hazardous waste, Safety

Data Sheets (SDS) meeting OSHA and EPA requirements, the analytical process used to determine the hazardous nature and characteristics of the waste, and the analytical test results.

Testing shall be done in accordance with testing protocol specified for each individual waste in 40 CFR. The determination shall address waste toxicity (40 CFR 261.11, 261.24); ignitability (261.21); corrosivity (261.22); reactivity (261.23); F-listed waste (261.31); P- or U-listed discarded commercial products (261.33); solid waste (261.2); and exclusions (261.4).

16.3 Certificate of Destruction

The Contractor shall work with the COR to develop a Business Associate Agreement (BAA) (CMOP-wide or individual CMOP) to ensure any Protected Health Information (PHI) in waste removed from the VA CMOP facility covered by HIPAA Privacy Rules is secured and disposed of (destroyed) properly. This waste may include but is not limited to prescription labels, printer ribbons, and printed materials with patient information.

16.4 Quality Assurance

The Contractor shall develop and maintain a quality program to ensure refuse and recycling services are performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Government will periodically evaluate Contractor performance by appointing a representative(s) to monitor performance to ensure services are received.

16.5 Handling and HAZWOPER Training

Contractor employees providing site services shall be certified in 40-hour HAZWOPER training and wear appropriate protective equipment when handling hazardous waste.

16.6 Waste Containers

The Contractor shall provide all appropriate collection containers at no additional cost to the Government as part of the contract and unit pricing. Waste containers (including replacement containers when waste is collected), identifying labels, and markings shall meet applicable safety codes and regulatory requirements and be sized to accommodate CMOP’s waste. The Contractor shall maintain all containers and Government facilities ensuring they are free of unpleasant odors, dirt, debris, and pests. Cleaning and decontamination of containers shall not be performed on Government property. The Contractor shall provide manufacturer’s specification and descriptive literature for approval. Waste containers shall be UN/DOT approved.

16.7 On-Site Annual Training

The contract shall include the cost of on-site annual training provided by the Contractor for CMOP employees who handle hazardous and/or universal waste. Each CMOP location requires training for fewer than five (5) employees; offerors shall price accordingly. The hazardous waste training program shall include employees who generate hazardous waste in Satellite Accumulation Areas and have hazardous waste management responsibilities. Training shall incorporate local accumulation locations, local procedures, RCRA, 40 CFR Part 266

Subpart P (where applicable), state-specific regulations, and shall include storage, documentation, records management, safety data sheets, emergency responsibilities, and other pertinent topics.

Training shall include DOT hazardous materials training meeting the requirements of 49 CFR 172.704, and IATA general awareness familiarization only - full IATA hazmat certification is not required, as CMOP waste ships predominantly via ground transport. In addition, training shall be provided to employee(s) at each CMOP who complete and certify (sign) manifests, including comprehensive training related to specific DOT requirements (49 CFR 172.204 and 172.205).

Note on Annual Cadence: Although 49 CFR 172.704 requires DOT hazmat training every three

(3) years and RCRA generator training annually, the VA imposes an annual training cadence as a programmatic requirement covering both regulatory cycles. Offerors shall price training accordingly.

The Contractor shall provide its technical expertise on topics related to EPA, DOT, State-specific RCRA, and other environmental regulations.

17. REPORTS AND TRACKING DOCUMENTS

Tracking Documents: The Contractor shall maintain service records and submit them to the COR after each service. Because all CMOP facilities operate as SQG or VSQG (see Section 5), service records shall be provided within sixty (60) days of pickup. At a minimum the documents shall include:

• Types and quantities of treated and disposed waste.

• Methods of treatment and disposal.

• Location of licensed treatment and disposal facilities.

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

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

The Contractor shall provide all manifests and documentation that apply to the removal and disposal of hazardous wastes, hazardous and non-hazardous pharmaceutical wastes, and dual (chemical hazardous and bio-hazardous combined) wastes. The Contractor shall furnish a properly executed and legible copy of the appropriate manifests required to document the safe shipment and proper disposal of subject wastes generated by the Government under the terms of this contract.

Prior to removal and transport of any waste covered by this contract, the Contractor shall obtain approval and signature for each manifest from the Facility’s COR or designee verifying that the Contractor has accepted the waste from the VA CMOP and that the waste will be properly shipped for treatment or disposal. Manifests not signed by the Facility COR or designee will not be deemed valid. The Contractor shall provide the “Generator’s Initial Copy” of each executed manifest to the Facility COR or designee before waste is removed from the Facility.

In addition to providing the “Generator’s Initial Copy,” the Contractor shall provide to the Facility COR or designee within sixty (60) days of removal a properly executed copy of the “Designated Facility to Generator” form. This form shall clearly indicate that all waste has been properly disposed of and shall specify the site and date of disposal or incineration. Exceptions to this requirement must be approved by the Facility COR or designee.

The Contractor shall also comply with the Hazardous Waste Electronic Manifest Establishment Act and the EPA e-Manifest system. The Contractor shall validate and approve all manifest information prior to uploading it to the e-Manifest Central Data Exchange (CDX) system. The cost of e-Manifest user fees will be charged to and paid by the VA CMOP per manifest.

17.1 Licenses and Permits

The Contractor shall, without additional cost to the Government, provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles, and other resources required for proper removal and disposal of subject waste in accordance with all applicable Federal, State, Municipal, and local regulations (e.g., U.S. EPA, U.S. OSHA, The Joint Commission, U.S. DOT including HM-18). If appropriate licenses are not maintained, the VA CMOP may terminate the contract effective upon discovery. The VA reserves the right to halt work if the Contracting Officer and/or COR determine work is being done in an unsafe/unhealthy manner or that could harm the environment. VA CMOP will not incur additional costs if work is halted for good cause.

The following shall be provided to the Contracting Officer with the bid proposal submission for evaluation purposes and annually within thirty (30) days of the renewal date of this contract, with any changes to the original submission clearly identified and highlighted:

• Current waste transporter permit(s) for the Contractor and subcontractors.

• List of all transfer stations, treatment, storage, and disposal facilities (TSDFs) including incineration, wastewater, and sludge treatment facilities to be utilized during this contract

- including capacity and waste codes for waste streams they are permitted to accept by treatment technology, addresses, phone numbers, and contact information. The VA CMOP reserves the right to inspect each facility before approving its use or at any time during or after the contract period while VA CMOP wastes are present.

• Copy of Operator permit(s).

• Certificates of training and experience of Contractor and subcontractor staff and personnel who will perform site work under this contract (all technicians shall have, at minimum, training required by 29 CFR 1910-120, 40 CFR Parts 260–265, and 49 CFR Parts 171–178).

• Contractor and subcontractor experience in hazardous waste handling, packaging, transport, and disposal.

• U.S. EPA identification number(s) certificate for each business entity operated or contracted by the Contractor that will provide service for any aspect of VA CMOP waste disposal.

• Certificate of registration with the State as a hazardous waste hauler for each business entity operated by the Contractor that will provide hazardous waste transportation services.

• Written acknowledgment of responsibility for acquisition of all applicable business licenses and permits required by law.

• List of any violations and/or citations the Contractor and subcontractors have received for non-compliance with hazardous waste laws, permit requirements, and/or OSHA requirements for the past three (3) years.

• DEA Reverse Distributor registration evidence (where the Contractor or proposed subcontractor will service Charleston, Murfreesboro, or EPS Hines controlled substances streams).

• SOPs that will be followed while conducting normal hazardous waste management activities (site safety and contingency procedures, operational procedures and site management structure, supplies and equipment practices, material sampling procedures, hazard assessment and categorization procedures, packing procedures, QA/QC, procedures for gaining waste acceptance into a transfer/disposal facility, and Contractor and project management procedures).

• Hazardous waste fleet information (description and capabilities, fleet description, service and maintenance programs, types of materials licensed to haul, latest U.S. DOT or MCS rating with copy of the last inspection, U.S. DOT/IATA compliance record, and driver qualifications including training programs and experience).

• Evidence that background checks have been conducted on all contractor employees that will perform duties under this contract.

• Emergency response (ER) capabilities, policies, equipment, personnel availability, training and experience; ER procedure including how to request an emergency response, how the Contractor notifies personnel and initiates response, incident command, ER work practices, ER protection of health and safety practices, and ER invoicing policy.

• Detailed site safety plan that will be used to ensure that workers and nearby population are adequately protected during packaging and removal operations.

• Identification of any proposed subcontractors and the services to be performed;

subcontractors must be approved by the Facility COR and Contracting Officer prior to performing any duties.

• List of names, titles, addresses, telephone numbers (including cellular), facsimile numbers, and email addresses of key managers, supervisors, customer service, and field service personnel performing under this contract.

• Written SOPs for collection, handling, accumulation, sampling, lab testing, characterization, packing, and shipping of hazardous wastes, hazardous and non-hazardous pharmaceutical wastes, and dual (chemical hazardous and bio-hazardous combined) wastes.

• Single point of contact for each Facility with backup.

17.2 Spill Report

When waste is spilled by the Contractor at any pickup or storage location or during transport, the Contractor shall submit a Spill Report identifying the spill. Such incidents shall be reported to the COR immediately by telephone and in writing no later than seven (7) workdays after leaving the site. The Spill Report shall list, at a minimum, the type of spill, amount of waste, and personnel exposed to the spilled waste. The Contractor shall provide certification that the spill was removed, including a statement concerning the effect on any employees, and a description of the cause and corrective measure instituted by Contractor to ensure spills do not occur again. The Contractor is responsible for cleaning up spills caused by Contractor employees.

17.3 Subcontractors

The Government must approve all subcontractors prior to contract award. Offerors shall identify all services to be performed by subcontractors. Fifty percent (50%) performance is required from the Prime.

17.4 Transportation

Hazardous waste shall be transported on public highways by EPA-approved (with DOT implications) licensed haulers to an approved disposal site. All Contractor vehicles used to transport hazardous waste must be currently licensed, permitted, or otherwise registered in accordance with all applicable Federal, State, and Local laws. License number must be posted on the exterior of the vehicle. Each truck or van transporting hazardous waste must be properly placarded, verified by the COR prior to departure from the VA CMOP, and must have an emergency spill clean-up plan and basic cleanup equipment on board.

17.5 Method of Disposal

Waste generated by each VA CMOP and approved for transport to storage stations shall not be commingled in the same shipping container with waste from other VA CMOPs or any other generator, unless allowed by law. Disposal methods shall be by recycling, incineration, treatment, or land burial, whichever is appropriate and in compliance with Federal, State, and Local disposal regulations. The Contractor shall use a treatment, storage, or disposal facility that has a valid permit to manage hazardous waste. The Government must approve all disposal facilities used by the Contractor and may choose to visit the facility for inspections.

17.6 Spill Response

The Contractor shall provide spill response/clean-up as required by the Government. The Government will provide the Contractor with the location, size, name of chemical or material involved, proximity of sewers, urgency, and any governmental agencies called. The Contractor shall be on site within four (4) hours after the phone call has been placed. The Contractor shall provide appropriate personnel and equipment to mitigate and remove released hazardous materials. Coverage will be on a 24-hour, 7-day-a-week basis. The Contractor shall provide its spill procedures for integration into the facility-level SPCC or contingency plans and shall provide its billing procedure for spill and emergency response activity, including response time frames.

18. QUARTERLY REPORT OF TOTALS

The Contractor shall provide the Contracting Officer a Quarterly Totals Report within fifteen

(15) calendar days after the close of each quarter’s business ending in March, June, September, and December. The report shall reflect gross costs and volume or weight, by profile or waste type, of hazardous waste removed and disposed of for each VA CMOP. Copies of this report shall be available to the COR of each facility.

19. INDEMNIFICATION

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

20. AUTHORIZED SERVICES

Only those services specified herein are authorized under this contract. Prior to performing any service or repair of a non-contract nature, the Contracting Officer and the COR must be advised of the reasons for additional work. The Contracting Officer or designee, in consultation with the COR, may authorize the additional services or repairs under a separate purchase authorization.

Reimbursement will not be made unless prior authorization is obtained.

21. ADDITIONAL REQUESTED SERVICES

The Contractor shall provide Chemists only when requested by the COR, or at no additional charge to the VA CMOP if that is the best option for scheduling selected by the Contractor.

Laboratory technicians may be required to pack waste for pick-up and record waste statistics, only when requested by the COR. A Chemist and/or Laboratory Technician shall be provided, only when requested by the COR and with the approval of the Contracting Officer, to perform work such as identifying properties of a chemical or procedures in handling chemicals that are beyond the capability of a trained and certified technician. Rates, terms, and conditions shall be in accordance with the contract.

22. TOBACCO POLICY

Per VA policy, tobacco products are not allowed at VA facilities, including CMOPs. There are no designated smoking areas. All VA property is tobacco-free.

23. SAFETY DATA SHEETS (SDS)

The Contractor shall provide its employees with immediate access to SDS for all hazardous substances.

24. CONTRACTOR EQUIPMENT AND FURNISHED MATERIALS

The Contractor’s truck shall be equipped with a hydraulic lift. Each vehicle shall have sufficient spill containment materials to respond to emergencies resulting from loss of containment, chemical reaction, or other hazardous conditions.

The Contractor shall furnish all labels, collection containers, mounting equipment, packing materials for shipping, and replacement collection/disposal containers for the hazardous and non-hazardous pharmaceutical wastes and dual (hazardous chemical and bio-hazardous) wastes. The Contractor shall provide labels, containers, and packing material for shipping lab-packs. The Contractor may, on occasion, be requested to furnish other waste storage containers (e.g., for bulk wastes). The Contractor shall provide a list of any needed additional containers and pricing with its proposal. Should the Government require this service, the Contractor shall invoice the container in accordance with the list submitted with its pricing proposal.

25. CONTRACTOR EMPLOYEES

The Contractor is responsible for providing fully knowledgeable, trained technicians who are competent to meet the contract requirements. The Contractor or its employees are responsible for their proper protection during bulking processes. Attire and Personal Protective Equipment (PPE), including respirators, must be appropriate for the hazardous condition of lab-packing, lifting, carrying, pouring, blending, moving, and loading hazardous and toxic substances in limited space. Contractor employees should be enrolled in a Medical Surveillance Program that meets the standards of 29 CFR 1910 at the expense of the Contractor. The Contractor shall furnish and ensure good condition of all PPE for Contractor employees.

26. CONTRACTOR DISPOSAL LOCATIONS

The Contractor shall provide the COR with a list of disposal facilities that will be used in conjunction with this contract. This list shall include the name of the company, address, city, state, ZIP code, telephone number, EPA ID number, and disposal methods.

27. PENALTIES AND FINES

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

28. HAZARDOUS WASTE ANALYSIS

Sampling and laboratory analytical services shall be provided by the Contractor to support operating and disposal requirements as requested by the COR. Unless otherwise directed, all sampling and laboratory analysis shall be accomplished as described in the latest edition of Standard Methods for the Examination of Water and Wastewater (American Public Health Association), or in accordance with other regulatory-agency-approved methods. The Government reserves the right to collect waste samples to perform tests, and/or have the right to test performed by another laboratory to verify the Contractor’s performance.

29. FIRE ALARM TRIP CHARGE

If the Contractor triggers a fire alarm due to negligence, inattention, or failure to properly coordinate and request system shutdown, the Contractor will be charged for actual costs incurred for Government personnel responding to the alarm. The Contractor will be liable for losses associated with disruption of facility operations. In addition, the Contractor will reimburse the Government for any fines and other costs imposed by Government, external agency, Fire Department, City, County, or State.

30. INSURANCE AND LIABILITY

Workers’ Compensation and Employer’s Liability: Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes.

Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

General Liability: Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence shall be required. Property damage liability insurance shall be required only in special circumstances as determined by the agency.

31. PLACEMENT OF TASK OR DELIVERY ORDERS

Each CMOP is supported by a purchasing office. Ordering Officers (OOs) within the CMOP purchasing office will be designated by the Contracting Officer (CO) to place task or delivery orders against this contract. The CO will furnish the Contractor with the names of individuals authorized as OOs by separate memorandum upon contract award. When additional OOs are designated after award, the CO will furnish the Contractor with the names of the newly designated individuals in writing prior to those OOs placing any order. The Contractor shall accept task or delivery orders only from the CO or from designated OOs.

All task or delivery orders shall be placed in writing. No oral orders shall be issued or accepted.

Each task or delivery order shall identify the issuing CMOP, the OO placing the order, the services and quantities required, the period of performance for the order, and the applicable contract line item numbers and unit prices from the contract schedule.

The unit prices established in the contract schedule shall apply to all task or delivery orders issued under this contract. Where pricing varies by geographic CMOP location, the contract schedule shall reflect location-specific rates, and those rates shall control at the order level.

OOs are responsible for issuing and administering task or delivery orders placed under this contract, including order placement, receipt of services, invoice processing, and order closeout.

OOs have no authority to modify any term or condition of the basic contract. Any modification of contract terms shall be executed in writing by the CO. The Contractor shall direct any request for modification, deviation, or interpretation of contract terms to the CO and shall not act on direction from any OO that would have the effect of modifying the basic contract.

32. INVOICES AND PAYMENTS

Upon notification of award, the Contractor must be vendorized in VA fiscal systems. The Contractor must:

• Submit a TIN and UEI number to the Contracting Officer for vendorization in the local VA logistics database, VistA, so purchase orders may be created for the contract.

• Submit VA Form 10091 to the VA Finance Service Center (FSC), if one is not already on file.

• Register and create an account in the online VA payment system, Tungsten/OB10.

Invoices are submitted electronically to the VA Finance Service Center (FSC) through the Tungsten OB10 web portal. Invoices submitted directly to the FSC or the facility by fax or mail will not be accepted. Invoices submitted without a line-item breakdown, due date, or correct purchase order (PO) number will be rejected. Invoices shall be submitted into the web portal no later than two (2) weeks after service calls are completed. To reduce the number of rejected invoices, the Contractor shall email an invoice to the site POC prior to submittal into the web portal and allow seventy-two (72) hours for review of accuracy and any needed corrections.

Rejected invoices, with reasons noted in the Invoice Payment Processing System (IPPS), shall be corrected and resubmitted into the Tungsten web portal no later than five (5) business days after the rejection is communicated to the Contractor.

Payment inquiries may be made to the Contracting Officer or through the Vendor Customer Service Support Helpdesk at 512-460-5049 or VAFSCCSHD@VA.GOV.

33. COMMON WASTE CATEGORIES (REFERENCE)

The following common waste categories are produced by the CMOPs. See the Pricing/Rates Sheet for unit pricing. New items may be added to the contract at any time since VA facilities, equipment, operations, and stock change over time.

• Aerosols, waste

• Batteries (except Lithium and Mercury)

• Batteries, Alkaline, miscellaneous sizes

• Batteries, Lead Acid (serviceable and sealed lead acid)

• Batteries, Mercury for Retort

• Batteries, NiCad, NiMH, Lithium-Ion

• Bulbs, Compact Fluorescent Light (CFL)

• Bulbs, Fluorescent - Curved Type

• Bulbs, Fluorescent - Tube Type

• Bulbs, Metal Halide Light

• Broken Bulbs (mercury-containing or fluorescent)

• Coolant

• Flammable Liquids, Loose-Packed, OTC

• Flammable Liquids / Alcohol

• Fuels, Blended

• HEPA Filters, including aluminum housing that cannot be separated

• Loose tablets and capsules (P-listed, U-listed, D-Characteristic, and non-RCRA)

• Mercury Barometer, Thermometers, Thermostats, and other mercury-containing sealed devices

• Non-pill (liquid, gel, etc.) (P-listed, U-listed, D-Characteristic, and non-RCRA)

• Oil, Generator Waste

• Oil, Penetrating, Rid Rust, Quick Clean, and CLP (Flammable Liquids)

• Oil, Waste

• Oil, Compressor, Waste

• Oil/Water Mixture (non-hazardous)

• Oily Rags

• Paint

• Plastic Bottles, Empty, Last Contained P-listed Pharmaceutical Waste

• Poisonous Liquids (Phenol, Coolant, Antifreeze)

• Sharps

• Solvent-Soaked Rags

• Utility Knife Blades / Razor Blades

• Waste Adhesives / Sealants

• Partially dispensed or manufacturer containerized controlled substances (Charleston, Murfreesboro, EPS Hines - see Section 15) If an item is not listed or does not fit into a listed waste category, it may be added at any time.