STATEMENT OF WORK.pdf

STATEMENT OF WORK

Base Period: August 7, 2026, to August 6, 2027

Option Period One: August 7, 2027, to August 6, 2028

The National Institute for Occupational Safety and Health has 4 locations ( Cincinnati, OH, Morgantown, WV, Pittsburgh, PA, and Spokane, WA) that are basic science research facilities. All four sites are considered “ small Quantity Generator” of Hazardous Waste. The average monthly quantities are listed; Spokane 50 lbs., Pittsburgh 150 lbs., Cincinnati 100 lbs., Morgantown 500 lbs. of hazardous waste. NIOSH currently has approximately 10,000 different chemicals in relatively small quantities. The nature of the hazardous waste is described below. All sites will require hazardous waste pick-up 4 times a year, once a quarter. Most of the hazardous waste (described under” “Hazardous Chemical Waste” below) is shipped in a lab-pack configuration, which are small containers that the contractor is expected to pack into their drums or other overpack containers.

Small Quantity Generators (SQG) generates 200 to 2,200 pounds of hazardous waste per month.

Requirements for Small Quantity Generator include the following:

1. SQG may accumulate hazardous waste on site for 180 days without a permit (or 270 days if shipping a distance greater than 200 miles).

2. The quantity of hazardous on-site waste must never exceed 13,200 pounds.

Waste will include:

1. Hazardous Chemical Waste, such as:

A. Flammable liquids (e.g., alcohol, xylene, acetonitrile, ethyl acetate) B. Non-pouring flammables (gas cylinders, solids, metal powders) C. Inorganic acids D. Organic Acids (including flammable acids) E. Inorganic Bases F. Organic Bases (including flammable bases) G. Oxidizers H. Metals (solids) I. Metals (powders) J. U-listed waste K. P-listed waste (e.g. Beryllium powder, Sodium azide, Vanadium oxide, Vanadium pentoxide, Zinc dimethyldithiocarbamate, Sodium cyanide, Potassium cyanide, Phenylthiourea, Methyl parathion, Osmium tetroxide, p-nitroaniline, heptachlor, Epinephrine, Endosulfan, Dieldrin, Diisopropylfluorophosphate, chloroacetaldehyde, Carbon Disulfide, Benzyl chloride, Arsenic trioxide, Vanadic acid (ammonium salt), Acrolein, Aldrin

L. Peroxides M. Reactive (e.g. cyanide, isocyanate, 2, 4-dinitrophenol) N. Mercury compounds O. Non-hazardous solids (non-RCRA waste) P. Non-hazardous liquids (non-RCRA waste)

Q. Gas cylinders with toxic, corrosive, flammable, oxidizing or refrigeration gases. Most of these are approximately 103L

R. Dioxin S. PCP (pentachlorophenol); PCB (parachlorobiphenyl) T. Aerosols (flammable) U. *Formaldehyde, Formaldehyde solutions or Glutaraldehyde-containing tissue specimens V. small amounts of explosives (1-1000 gram; usually Benzoyl Peroxide) W. Paints X. Sodium cacodylate (Sodium Dimethylarsinate Trihydrate, 124-65-2) Y. Potassium cacodylate (21416-85-3) Z. Waste oils AA. Self-contained self-Rescuer cartridges (lithium Hydroxide, potassium superoxide), (such as

Drager or Ocenco). This includes both used and expired cartridges.

2. Universal Waste A. Batteries B. Pesticides C. Mercury-Containing Equipment D. Lamps E. Aerosol cans

3. Additional Waste A. Used oils B. Charcoal filters C. Aqueous waste

Table below is an approximate percentage of waste by the above category:

site Haz Chemical waste Universal Waste Additional Waste Totals Cincinnati 50% 40% 10% 100% Morgantown 85% 10% 5% 100% Pittsburgh 30% 40% 30% 100% Spokane 30% 40% 30% 100%

Contractor’s duties shall include:

1. Provide hazardous and toxic waste disposal services. Services include pick-up, transportation, labeling, analyses, fate determination, documentation, and audit trails until ultimate treatment or disposal of hazardous or toxic wastes.

2. A document will be provided to the contractor prior to each scheduled pick-up. For each numbered waste item (NIOSH item number) submitted to the Contractor for disposal, the contractor shall enter the Hazardous Waste Manifest line that the NIOSH item number was assigned to, and the RCRA waste code(s) that apply to that item. Within 60 days following the pickup, the modified document will be returned to the NIOSH representative who provided the document. The linking of the Hazardous Waste Manifest line with each NIOSH item number and its associated Hazard Codes is needed to comply with an Environmental Protection Agency (EPA) recommendation.

3. The contractor shall not require the separation of tissue from formaldehyde solutions containing tissue.

4. The contractor, as an independent contractor shall, on an as required basis, supply the necessary personnel, material and all other things necessary to the performance of the assigned task.

5. All work performed by the Contractor shall comply with all applicable Federal, state and local laws and regulations, including, but not limited to, those promulgated under the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Hazardous Materials Transportation Act, and applicable Department of Transportation regulations.

6. The contractor shall create a Hazardous Waste manifest (paper or electronic, per EPA requirements) and shall include the fee in the invoice for each shipment. They will also submit the Manifest in a manner compliant with current EPA instruction. Currently, NIOSH-Morgantown and uses a Hybrid Manifest, due to the Department of Homeland Security’s request that information on chemicals of DHS-concern should not be transmitted electronically. In the Hybrid Manifest,

• The generator and initial transporter sign a printed paper manifest,

• The generator and transporter(s) keep printed paper copy,

• All parties except the generator sign electronically, and

• The manifest is initialized by the generator or designated facility.

7. All work shall be performed during NIOSH’s normal working hours – 8:00 a.m. – 4:30 p.m. Contractor will not be permitted to work on-site during non-working hours.

8. The contractor will provide all services necessary for the final treatment/disposal of the hazardous wastes listed in the schedule in accordance with all local, state, and federal laws, and regulations, and the terms and conditions of this procurement. These services shall include all necessary personnel, labor, transportation, packaging, equipment and the compilation and submission of all documents required by Submission of Documentation section.

9. The contractor will comply with and ensure that all applicable subcontractors comply with all requirements of United States Department of Transportation (DoT) regulations, 49CFR Parts 100-199, regarding waste transportation. Complete compliance with these regulations shall include, but not be limited to, ensuring that emergency response information is carried on transport vehicles and maintained at facilities where hazardous materials are received, stored, or handled during transportation. Shipping papers will contain an emergency response telephone number supplied by the disposal contractor which is monitored 24 hours a day to provide immediate, detailed emergency information to personnel reacting to emergencies. Technical names will be included in the descriptions of materials reflected on shipping papers by "not otherwise specified" (nos) descriptions. Definitions of the terms used in this statement of work are those used in 49 CFR 100-199. Contractors must ensure that off-site shipments of hazardous waste are labeled, marked, and placarded according to the U.S. DOT requirements. Contractor remains responsible for proper management of waste even after it leaves NIOSH property. This includes responsibility for any spill while in transit.

10. The transporters approved for use under this procurement are subject to all services being performed in accordance with all federal, state, and local laws and regulations and the transporter's permit.

11. The contractor is solely responsible for any and all spills or leaks and subsequent clean ups that may be required which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The Contractor agrees to clean up such spills or leaks to the satisfaction of NIOSH and in a manner that complies with applicable Federal, state, and local laws and regulations. The cleanup shall be at no cost to NIOSH.

12. The contractor shall report all such spills or leaks, regardless of their quantity, to NIOSH immediately upon discovery. A written follow-up report shall be submitted to NIOSH no later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

• Description of the items spilled (including identity, quantity, manifest no.,etc.)

• Whether amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

• Exact time and location of spill including a description of the area involved.

• Containment procedures initiated.

• Summary of any communications contractor has with press, state officials, or Postal service officials.

• Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

13. The contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, contractor's personnel and equipment shall comply with applicable state, Federal, and local laws, safety regulations and procedures, and contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and in the areas of chemical incompatibility, general first aid procedures and spills. Handling and personnel protective equipment shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste. The Contractor agrees that its personnel and equipment are subject to safety inspections by NIOSH personnel while on NIOSH property.

14. The contractor shall, without additional expense to NIOSH, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, state and local laws, codes, and regulations in connection with the execution of the work. This includes ensuring NIOSH hazardous or toxic wastes are sent to licensed, permitted, and approved disposal sites.

15. For the purposes of this procurement, final treatment/disposal means either: treatment so that such wastes no longer meet the definition of a hazardous waste as defined in 40 CFR 261; or treatment of a waste by a RCRA handling method specified in 40 CFR Parts 264/265 appendix 1, Table 2, paragraph 2. Waste handling costs that describe methods of storage do not meet the definition of final treatment nor final disposal under this procurement. Interim treatment of the waste such that the waste still meets the definition of a hazardous waste as defined in 40 CFR 261 does not meet the definition of final treatment under this procurement. Final disposal means disposal of a waste by a RCRA handling method specified in 40 CFR, parts 264/265, appendix 1, table 2, paragraph 3. All facilities used for interim treatment, final treatment or final disposal of items on this procurement shall have as a minimum, an EPA/state approved interim status permit showing EPA hazardous waste numbers described in 40 CFR 261, subparts c and d, for each waste the facility is permitted to handle.

16. Mere acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal facility (TSDF) does not meet the definition of final treatment nor final disposal under this procurement. It is the contractor's responsibility to obtain all necessary documentation to prove that the final treatment or final disposal of all items has been accomplished. This documentation shall be attached to the certificate of disposal and submitted with, or prior to, any invoices for a specific pick-up.

FAR SOURCE

52.204-13 System for Award Management Maintenance ()CT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (July 2016)

52.212-4 System for Award Management Maintenance (Oct 2016)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013)

52.245-1 Government Property (Jan 2017)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

Language is NOT required to be added to the acquisition document. It is targeted to the business analysts and contracts teams that review the SOW to prepare a contract. Do not include this paragraph in the contract.

Language for this acquisition is no longer required due to the updated CDC Implementation of HHS Security and Privacy Language for Information and IT Procurement Policy. ODIT Compliance is adhering to the policy and inserting only the standard security and privacy language written in the policy the applies to each procurement.

Note: This statement is a stand-alone document included in the procurement package by ODIT Compliance Analysts, for clarity to OAS/OFR and contract writers. This statement is showing that Compliance has done their due diligence and approved that no language is required.

Section 508 and Accessibility Requirements

Part A – Provision

Reference HHSAR 352.239-73[8] Electronic Information and [Communication] Technology Accessibility Notice.

[(Deviation)]

[(a) Any offeror responding to this solicitation must comply with established HHS Information and Communication Technology (ICT) accessibility standards. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), in accordance with the completion instructions. The purpose of the checklists and conformance reports are to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards. Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.

(c) If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies, products, platforms, information, documentation, or services support delivered do not conform to the described accessibility standards, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(d) In order to facilitate the Government's determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit an Accessibility Conformance Report, in accordance with its completion instructions and tailored to the requirements in the solicitation. The purpose of the Report is to assist HHS acquisition and program officials in determining whether proposed ICT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document, in detail, whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the Template are available at https://www.section508.gov/.

(e) Additionally, offerors must provide enough information to assist the Government in determining that the ICT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat https://www.section508.gov/

(f) Respondents to this solicitation must identify any inability to conform to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(g) Items delivered as electronic content must be accessible to HHS acceptance criteria.

Checklist for various formats are available at http://508.hhs.gov/. Materials, other than items incidental to contract management, that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Contracting Officer’s Representative.

(End of provision)]

Part B - Clause

352.239-74[9] Electronic, Information, and Communication Technology Accessibility.

[(Deviation)]

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services, or support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.access-board.gov/ict/. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

(b) Additional Section 508 accessibility standards applicable to this contract or order are identified as follows:

205 WCAG 2.0 Level A & AA Success Criteria

302 Functional Performance Criteria

502 Inoperability with Assistive Technology

504 Authoring Tools

602 Support Documentation

603 Support Services http://508.hhs.gov/ https://www.access-board.gov/ict/ https://www.hhs.gov/web/section-508/index.html

If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, documentation, or services support, the Contracting Officer shall require that the Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(d) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order. In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements for review by the agency Section 508 Program.

https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat