Attachment 1 - Statement of Work.docx

Western Colorado Health Care System (WCHCS) Waste Disposal Service Statement of Work (SOW)

1.0 Purpose:

1.1 The Western Colorado Health Care System medical center, located at 2121 North Avenue in Grand Junction, Colorado has a requirement to properly dispose of hazardous and universal waste, per the requirements of the United States Environmental Protection Agency (EPA).

2.0 Objectives

2.1 To provide all waste collection, packaging materials, packaging of waste, transportation of waste, disposal of waste, training of on-station personnel, and the creation and submittal of all required documentation for the disposal of hazardous, non-hazardous, and universal waste that meet the minimum requirements of The EPA’s Resource and Conservation Act (RCRA) waste definitions, State, County, and City laws, ordinances, and regulations and section 5.0 Mandatory Tasks and Deliverables.

3.0 Scope

3.1 The Contractor shall provide all labor, materials, tools, equipment, analysis, travel, training, transportation, documentation, waste treatment, disposal and support services required to categorize, package, transport, document and dispose of hazardous, non-hazardous, neutralized DEA controlled substances and universal wastes.

3.2 The Contractor, and Subcontractor if applicable, shall provide and maintain all licenses and permits to conduct waste removal to final disposal.

3.3 The Contractor shall be required to provide initial hazardous waste orientation training to the WCHCS personnel, based on the Contractor’s processes. The Contractor shall possess the necessary technical expertise and resources required by this solicitation to be considered for contract award.

3.4 The Contractor shall provide cleanup and disposal materials and support for spills/releases of hazardous wastes, and universal wastes that happen on station. Not to include any remediation waste.

3.5 The Contracting Officer (CO) will designate a Contractors Officers Representative (COR) to act for him/her in furnishing technical guidance and advice to generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the COR’s authority. A copy of the designation shall be furnished to the Contractor.

3.6 The COR for each facility’s healthcare system will arrange for routine (non-emergency) waste pickup based upon rate of generation. However, out-of-cycle pickups may be required for episodic events.

3.7 The Government reserves the right to award one or more contracts resulting from this solicitation. Services will be provided during the five-year period.

3.8 Work shall be performed during normal business hours of 7:30 AM and 4:30 PM local time, Monday through Friday, excluding Federal Holidays. The facility COR or Point of Contact (POC) shall be available during normal business hours for the approval of manifests and other required documentation, unless unusual circumstances require services during an unscheduled time period.

3.9 The Government reserves the right to change generator size at any facility for the duration of this contract.

4.0 Definitions

4.1 Very Small Quantity Generator (VSQG)– generates less than 100kg of non-acute hazardous waste in a month and less than 1 kg of acutely hazardous waste (P-listed) in a month. There are no storage timetables or on-site amount restrictions to VSQGs. Pharmaceutical rules of 40 CFR part 266 Subpart P, (Subpart P) are optional.

4.2 Small Quantity Generator (SQG) – generates more than 100kg but less than 1000kg of non-acute hazardous waste and less than 1 kg of acutely hazardous waste (P-listed) in a month. SQG’s can only store 1 kg of acute hazardous waste on site at any given time but can store up to 6000kg overall of hazardous waste at one time. May store both types of hazardous waste for 180 days (or 270 if waste travels over 200miles). Pharmaceutical rules of Subpart P are mandatory.

4.3 Large Quantity Generator (LQG) – generates more than 1000kg of non-acute hazardous waste and/or over 1kg of acute hazardous (P-listed) waste a month. All waste must be removed within 90 days of moving to the central accumulation area. Pharmaceutical rules of Subpart P are mandatory.

4.4 Characteristic Hazardous Waste –

4.4.1 Ignitable - Wastes that are hazardous due to the ignitability characteristic include liquids with flash points below 60 °C, non-liquids that cause fire through specific conditions, ignitable compressed gases, and oxidizers.

4.4.2 Oxidizer is a characteristic of ignitable. It is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter.

4.4.3 Corrosive - Wastes that are hazardous due to the corrosivity characteristic include aqueous wastes with a pH of less than or equal to 2, a pH greater than or equal to 12.5 or based on the liquids ability to corrode steel.

4.4.4 Reactive - Wastes that are hazardous due to the reactivity characteristic may be unstable under normal conditions, may react with water, may give off toxic gases and may be capable of detonation or explosion under normal conditions or when heated.

4.4.5 Aerosols can be a characteristic of reactivity if it is capable of detonation or explosive reaction when subjected to a strong initiating source or if heated under confinement.

4.4.6 Toxic - Wastes that are hazardous due to the toxicity characteristic are harmful when ingested or absorbed. Toxic wastes present a concern as they may be able to leach from waste and pollute groundwater.

4.5 Listed Hazardous waste - A waste is determined to be a hazardous waste if it is specifically listed on one of four lists (the F, K, P and U lists) found in title 40 of the Code of Federal Regulations (CFR) in Part 261 and meets either the process based or sole active ingredient requirements.

4.5.1 Subpart P removes these listed characteristics for pharmaceuticals. Locations may still have unused commercial U-listed chemicals outside of pharmaceuticals; acetone, methanol, phenol, xylenes. There will be no P-listed waste outside of Subpart P.

4.5.2 The VA does not have any K-listed. There are processed based F-listed wastes that may include spent non-halogenated solvents.

4.6 Hazardous Pharmaceuticals – Pharmaceuticals under Subpart P that are characteristic or listed and are not eligible for reverse distribution, are over the counter, prescription, or supplements.

4.7 Non-hazardous Pharmaceuticals- pharmaceuticals that are not characteristic or listed as described above.

4.7.1 Bulk Chemo – classified under the National Institute of Occupational Safety and Health (NIOSH) Table 1 as a hazardous drug or antineoplastic but is not a RCRA hazardous waste pharmaceuticals.

4.7.2 DEA Controlled Substances - A “hazardous waste controlled substance” is a waste pharmaceutical that is both a RCRA hazardous waste and a DEA controlled substance. Under Subpart P, EPA has exempted hazardous waste pharmaceuticals that are also DEA controlled substances as hazardous waste if they are sent for combustion. Substances under this contract will be pre-wasted into neutralizing media.

4.8 Universal Waste is a subsection of hazardous waste and includes:

4.8.1 Batteries. Means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

4.8.2 Lamps. Is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

4.8.3 Mercury Containing Equipment. Means a device or part of a device (including thermostats but excluding batteries and lamps) that contains elemental mercury integral to its function.

4.8.4 Pesticides. Means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that is listed in 40 CFR 273.9 “Pesticide”

4.8.5 Aerosol Can. Means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas. Currently only Colorado and Utah have this rule but anticipate all states adopting in course of contract.

4.9 Dual – specific to this contract, this indicates a hazardous waste that is also a regulated medical waste due to blood or other potentially infectious material (OPIM). Typically, clinical lab generated diagnostic tests with hazardous reagents and blood.

4.10 Non-hazardous waste – items that do not meet the characteristic or listed waste definitions but may also do not meet drain disposal or landfill requirements. This may include non-hazardous pharmaceuticals.

4.11 Asbestos. Asbestos is a mineral fiber that occurs in rock and soil that is not classified as a hazardous waste. Because of its fiber strength and heat resistance asbestos has been used in a variety of building construction materials for insulation and as a fire retardant. Asbestos has also been used in a wide range of manufactured goods, mostly in building materials (roofing shingles, ceiling and floor tiles, paper products, and asbestos cement products), and services will be small scale in-house abatement debris.

4.12 Affirmative Procurement. Refers to products or services as having a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal of the product or service.

5.0 Mandatory Tasks and Deliverables Table

6.0 Specific Requirement and Deliverables

6.1 Licenses and Permits: The Contractor will, 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 of hazardous and non-hazardous chemical waste in accordance with all applicable Federal, State, Municipal, and local regulations (e.g. OSHA, DEA, EPA, DEP, 49 CFR (DOT). If appropriate licenses are not maintained in accordance with Federal and State requirements, the VA 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 will not incur additional costs if work is halted for good cause.

6.1.1 Current waste transporter permit(s).

6.1.2 List of all transfer stations, treatment, storage and disposal facilities (TSDFs) including incineration, 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 waste streams they are permitted to accept by treatment technology. Address, phone number, EPA identification number and other contact information shall be provided. The VA reserves the right to inspect each of these facilities before approving its use or at any time prior to, during or after contract period.

6.1.3 Copy of valid Operator permit(s)

6.1.4 All contractor technicians/chemists that will work on VA premises will be expected to have received at least the minimum training required by law as specified state requirements and in 29 CFR 1910.120, 40 CFR Part 263 and 49 CFR 172 and site-specific training by existing personnel and or project manager prior to working at site. Technicians/chemists must be fully trained how to label and properly store hazardous waste for the state they are working in.

6.1.5 Provide the contractor’s experience in hazardous waste packaging, transport, and disposal. Provide details of contracts of similar nature and similar size, particularly in regard to hospitals and universities. Provide a copy of waste minimization audits that the contractor has successfully conducted, and examples of waste minimization opportunities realized.

6.1.6 Provide a copy of US EPA identification number(s) and certificate for each business entity operated by or that will have wastes shipped to, that the contractor that will use to provide service regarding any aspect of the VA waste disposal program (i.e. storage, transfer, and/or incinerator sites).

6.1.7 Provide a copy of certificate of registration with the State EPA as a hazardous waste hauler for each business entity owned or operated by the contractor that will provide hazardous waste transportation services for any aspect of VA waste disposal program.

6.1.8 Provide a list of any violations and/or citations that the contractor has received for non-compliance with any hazardous waste laws, permit requirements, and/or OSHA requirements for the past three years from the date of submission for each site that may handle or manage VA waste. 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 that will be involved in any portion of the processing of VA waste disposal program. If no discharge or violations have occurred, contractor must provide a statement that certifies no discharges or violations have occurred.

6.1.9 Provide three (3) examples of waste minimization audits that the Contractor has successfully conducted, and examples of waste minimization opportunities realized. The submission should include examples of waste minimization practices or programs that the Contractor has developed for other facilities. Specific examples from healthcare or research facilities are preferred.

6.1.10 Provide the following information regarding the hazardous waste fleet owned and operated by the contractor:

· Basic description of transportation services offered and capabilities.

· Fleet description of number, types, and ages of vehicles.

· Description of service and maintenance programs.

· Types of materials licensed to haul.

· Latest DOT or MCS rating (include a copy of the last inspection).

· The DOT/CHP compliance record.

· Description of driver qualifications including training programs, and experience.

· Provide evidence that background checks have been performed on all employees that will perform any duties under this contract.

· The usage of any alternative fueled vehicles and or use of alternative fuels.

· Prohibition of idling procedures.

6.2 Provide written Standard Operating Procedures (SOPs) for the collection, handling, accumulation, sampling, lab testing, characterization, packing and shipping of hazardous, universal and non-hazardous wastes.

6.3 Contractor shall provide the CO a valid certificate of all appropriate insurance coverages.

7.0 Type of Contract

Firm-Fixed Price Contract

8.0 Place of Performance

WCHCS-Grand Junction VA Medical Center 2121 North Avenue Grand Junction, CO 81501

9.0 Period of Performance

The period of performance shall be one (1) base year and four (4) option years.

There are eleven (11) Federal holidays set by law (U.S.C. Title 5 Section 6103). Additional days which are deemed holidays by the government during this contract period shall also be observed.

Under current definitions, five (5) holidays are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six (6) holidays are set by a day of the week and month:

10.0 Sampling, Testing and Analysis:

10.1 The Contractor shall utilize the facility’s hazardous waste characterization data to develop the disposal profile for each waste stream. The Contractor shall include the waste stream disposal method on each profile and provide the facility with an approved signed copy. The Contractor shall conduct an annual waste profile review with each facility to assure accuracy and completeness of documentation for each waste stream.

10.2 The Contractor shall obtain permission from the COR prior to conducting chemical analysis to be charged against the contract. The VA reserves the right to handle a particular waste stream outside of the scope of this contract if it can be recycled, disposed, or treated locally, or if the price of disposal is significantly less than provided by the offeror.

10.3 Work must be performed in accordance with all applicable, Federal, State, Local and all governing regulations.

11.0 Waste Management, Removal, Disposal Invoicing:

11.1 The Contractor shall be required to provide removal services listed in Section 5. Per the waste types listed in Attachment B. Additional wastes not listed may be added to this contract at the discretion of WCHCS. Since some waste streams may technically be shipped under multiple contract line items in the pricing sheet, the VA reserves the right to choose the most advantageous line item based on cost or disposal method.

11.2 The Contractor shall be responsible for the collection of hazardous and non-hazardous waste from WCHCS. The wastes shall be segregated by hazard class or chemical compatibility and labeled appropriately.

11.3 The Contractor shall consolidate all wastes in the manner most cost effective and beneficial to the Government. The Contractor shall have the capability to supply waste collection containers of various sizes, mounting hardware, labels, foot pedal stands and labor to install if necessary.

11.4 The Contractor shall properly containerize all lab-packs and assume all safety measures (example: PPE) to prevent harm or injury to VA patients, visitors, employees, Contractor employees and the environment (example: storm drain covers). The VAMC GEMS Program Managers, VA Safety Officer/Specialists, Industrial Hygienists, and VA Police have the authority under this contract to present a verbal “stop work order” pertaining to job activity they reasonably believe represents an imminent hazard to life, property, or the environment. This verbal order must be followed up by a written stop work order issued by the Contracting Officer as soon as feasible after the imminently hazardous situation has been stabilized or abated.

11.5 Should waste be released during the performance of services under this contract, through no fault of the VA facilities, the Contractor shall be responsible for all costs associated with the satisfactory remediation of the incident. This shall include the cost of all labor and materials as well as any actual damages incurred to the facility and harm caused to patients, visitors, and staff of the medical center. The remediation efforts must be performed to the satisfaction of the appropriate regulatory authorities, the facility GEMS Program Manager or designee and the CO.

11.6 The Government requires services on a recurring basis.

11.6.1 Based on the frequencies listed in Attachment B, the Contractor shall present a schedule to the CORs within 30 days of award. If the agreed upon schedule cannot be met at any time, the Contractor shall provide the following in writing to the COR; the reason for the delay and the anticipated date when the shipment will be made. This notification must be made within 24 hours of identifying the conditions causing the delay. Should the delay in pick up result in a notice of violation from the State the contractor shall be responsible for any fines levied due to the delay. The Contractor shall have a large enough fleet to meet the frequency needs of Attachment B and have access to, or own enough treatment, storage, and disposal facilities (TSDF’s) to ensure waste is removed timely.

11.7 There shall be no penalty or increased costs of service rates should a medical center or CBOC require more or less than the estimated pickups or disposal volume outlined in the schedule of costs. In the event an out-of-cycle pick up is requested, the Contractor shall schedule shipment of material within seven (7) calendar days of receipt of a written/verbal request from the COR and make pickup within 30 calendar days after receipt of the written/verbal request. If shipment cannot be scheduled or executed on the agreed upon date, the Contractor shall provide the following in writing to the COR; the reason for the delay and the anticipated date when the shipment will be made. This notification must be made within 24 hours of identifying the conditions causing the delay. Should the delay in pick up result in a notice of violation from the State, the Contractor shall be responsible for paying the cost of the violation.

11.8 The Contractor shall provide all manifests, waste profiles, land bans, certificates of destruction and recycling, and documentation that apply to the removal and disposal of hazardous, universal, and non-hazardous waste conducted by its workforces and/or its Subcontractors in compliance with all current Federal, State, and local regulations, policies, and procedures. Upon request the Contractor shall provide an electronic copy of the manifest within forty-eight (48) hours prior to the onsite services. All documentation completed by the Contractor shall be properly executed and neatly hand- written or typed to ensure the legibility of all copies. Locations will submit an inventory a minimum of 7 business days prior to pick up shipment and ask the Contractor to provide a cost estimate and how each waste stream will be packaged for transport. Certificates of disposal shall include the disposal method for each waste stream. Contractor shall use a calibrated scale to accurately record the weight of each waste container on all shipping documents.

11.9 Prior to the removal and transport of hazardous, universal, and non-hazardous waste generated by the VA, the Contractor shall obtain approval and signature for each manifest from the COR or designee verifying that the Contractor has accepted the waste from the VA and that the waste was properly shipped for treatment or disposal. The Generator copy, Generator State Copy and Destination State Copy of the executed manifest will be provided to the facility GEMS Program Manager or designee before the removal of any waste from the facility. A signed copy of each manifest certifying receipt of the waste covered by the manifest must be provided to the facility within thirty (30) calendar days of initial transport.

11.10 All hazardous and non-hazardous materials generated by the station must be disposed of by the Contractor in accordance with current Federal, State, and local guidelines governing regulated hazardous and non-hazardous wastes.

11.11 The Contractor shall dispose of hazardous waste in a manner that leaves no future expense potential to the VA or the federal government. Chemicals will be disposed of in the following preferred priority:

11.11.1 Recycling of chemicals for future use.

11.11.2 Fuel blending or energy recovery.

11.11.3 Incineration at a Part B permitted incineration.

11.11.4 Treatment of the chemical waste (at a facility approved for such processing by an appropriate state or federal agency) using neutralization, stabilization or landfill in a manner that renders it no longer a hazardous waste as defined in 40 CFR Part-268/Subpart-D.

11.11.5 The long-term internment (burial) in a secure landfill site approved for such by the appropriate state or federal agency.

11.11.6 Acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal site does not constitute disposal and/or completion of the contract. The Contractor shall obtain and provide to the facility GEMS Program Manager or designee all necessary documentation to prove that the timely end disposal of all items has been accomplished including certificates of recycling and final disposal certificates within 375 calendar days of the shipment date.

11.11.7 Shipments outside of this country are prohibited under this contract unless prior approval is received in writing from the COR.

11.11.8 The facility GEMS Program Manager or designee will perform waste characterization for all waste streams and share this information to aid the Contractor in developing a waste disposal profile. Waste amounts identified in the SOW are only estimates.

11.12 Training:

11.12.1 The Contractor shall provide, as necessary, initial training on the Contractors hazardous waste process within sixty (60) calendar days of the request for that training.

11.12.2 Training shall include a review of the contractors Standard Operating Procedures (SOPs) that will be followed while conducting normal hazardous waste management activities. The Contractor shall describe:

· Site safety and contingency procedures (e.g., spill management).

· Operational procedures and site management structure.

· Supplies and equipment practices.

· Material sampling and analysis procedures.

· Hazard assessment and categorization procedures.

· Material collection, handling, accumulation, packing and labeling procedures.

· Quality assurance and quality control procedures to ensure materials are properly identified, categorized, and packaged, and paperwork is properly completed.

· Procedures for gaining waste acceptance into a transfer/disposal facility.

· Contractor and project management procedures.

· Written green purchasing program and provide environmentally preferable options for supplies and materials as defined in CLIN 0004.

· Security program for onsite operations.

· Training can either be virtual or face-to-face.

12.0 Waste Minimization

12.1 To comply with the Pollution Prevention Act §13101(b) and VA Directive 0057 VA Environmental Management Program, the VA must establish a ways to reduce or eliminate the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal. To assist, the Contractor shall routinely evaluate industry disposal options that provide less environmental impact (e.g., waste to energy, recycling). The Contractor shall evaluate the VA’s removed waste streams annually for opportunities for waste management efficiency and minimization and provide each VA Healthcare System with a written report identifying which waste streams were reviewed and any opportunities for consideration. This report shall also include any purchases of containers that meet affirmative procurement standards.

12.2 Duration of Contract:

12.2.1 The Contractor shall provide all manifests, land bans, certificates of destruction and recycling, and documentation that apply to the removal and disposal of hazardous, universal, and non-hazardous waste conducted by its workforces and/or its subcontractors in compliance with all current Federal, State, and local regulations, policies, and procedures and in accordance with the performance requirement standards and timelines established in this SOW.

12.2.2 The Contractor shall provide a quarterly report to the COR within ten(10) calendar days of the end of the fiscal quarter that identifies types and weights of wastes shipped from the WCHCS. The report shall provide a breakdown of the costs of services and the specific services provided tracked for the previous months.

13.0 Recordkeeping/Reporting:

13.1 Contractor shall have a centralized waste tracking system that can be used via the internet and that can export all hazardous waste data to the VA via a Microsoft Excel spreadsheet, or other manner approved by the COR(s). The centralized tracking system will include a database for all waste characterizations and waste analytics, universal bill of lading for universal wastes, methods of final (end) disposal, certificates of disposal, and invoice copies.

13.2 All manifests, waste analytics, waste generation data, shipping information and other data required for the proper execution of this contract shall be maintained by the Contractor in an electronic database format that is exportable through Microsoft Excel or other manner approved by the COR. This system should enable tracking of generator status, generate monthly, quarterly, or annual reports, and enable tracking of compliance dates.

The Contractor shall furnish all lab pack and overpack containers, packing material for lab packs, labels, and any routine field supplies to package waste for transport at no additional cost to the government. The Contractor shall give preference for the following materials used at VA sites:

EPA designated items listed in EPA procurement guidelines at 40 CFR part 247 USDA designated items listed in procurement guidelines 7 CFR part 3201, Subpart B EPA designated items on EPA’s Comprehensive Procurement Guidelines Labor Costs will include level D PPE and nitrile gloves.

The Contractor shall furnish bulk waste storage containers. Contractor shall provide a list of containers meeting affirmative procurement standards and pricing with their proposal. Containers shall be replaced one for one when picked up.

GOVERNMENT FURNISHED PROPERTY AND SERVICES:

The VA will not provide any equipment, fuel, personnel, or facilities to the Contractor for the execution of this contract. Should an emergency arise, only the necessary basic lifesaving and life support measures will be provided during the emergency.

The VA will furnish electricity and water at existing outlets for use as may be required for the work to be performed under the contract.

Performance Requirements Summary:

Sampling, Testing and Analysis

Waste Management, Removal and Disposal

Notice of violations from State associated with accumulation time limits

Validated facility complaints

Notice of violations from State associated with accumulation time limits

Waste Management, Removal and Disposal

External audits/ inspections of SAAs and records

100% of signed designated facility copies returned within 45 calendar days

Direct observation and 100% inspection

100% of Certificates of Disposal/Recycling provided to generator within 390 calendar days Direct observation and 100% inspection

100% compliance for final reports and related documents Direct observation and 100% inspection

100% compliance for final reports and related documents Direct observation and 100% inspection

9.0 IDENTIFICATION, CHECK-IN, PARKING, AND SMOKING REGULATIONS:

Prior to the commencement of any work performance, contractor employees shall report to building 8 to sign in and coordinate with COR or POC upon arrival, and to sign out prior to departing station. During off-hours emergency response activities Contractor personnel should check in with the COR, assigned POC, or the VA Police if the primary contacts are not available. Smoking is prohibited on any VA property. Possession of weapons or contraband is prohibited and must subject Contractor employee to arrest and termination from future performance under this contract. Enclosed containers, including tool kits, must be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

10.0 INVOICES AND PAYMENT:

Payment of services rendered under this contract will be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor to the payment address shown elsewhere herein. Invoices must reference the Contract Number and Purchase Order Number, Manifest Number(s), provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals, and any other data relevant for payment purposes.

A copy of the invoice will be sent to the Facility COR. The Government must not authorize payment until such time that the VA Contracting Officer’s Representative receives all properly executed and signed documentation.

NOTE: ANY ADDITIONAL CHARGES CLAIMED MUST BE APPROVED BY THE CO IN WRITING BEFORE SERVICE IS COMPLETED!

14.0 SAFETY REQUIREMENTS:

In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer or their his/her designee may determine to be reasonably necessary to protect the lives and health of VA patients, visitors, staff, and the general public. The Contracting Officer or his/her designee will notify the Contractor of any noncompliance with the foregoing provisions as well as the recommended corrective action. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served in person on the Contractor or his/her representative at the site of work, or telephonically to Contractor’s designated representative, shall be deemed sufficient for the purpose of the previously mentioned. If the Contractor fails or refuses to comply promptly to satisfactorily abate the hazardous condition or situation, the Contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in material breach of this contract.

All of the Contractor’s personnel shall uphold the same standard of conduct and performance as all other federal employees and services shall be performed in compliance with VA policies and procedures. All policies and regulations pertaining to protection of patient privacy (HIPPA) and the safeguarding of patient information must be observed. The Contractor shall protect sensitive information at all times and notify the COR if they come across any sensitive information.

15.0 Records Management

Records Management Obligations A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. Includes WCHCS records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their WCHCS contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. WCHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of WCHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to WCHCS. The WCHCS must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the SOW. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to WCHCS control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the SOW. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and WCHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with WCHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public WCHCS information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The WCHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which WCHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this SOW, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

Attachment A. – Estimated Quantity for One-Time Pickup and Disposal Service

Attachment A: One Time Waste Disposal Material List by Estimated Quantity

* This material is still in its original packaging and is loaded on 17 pallets (4' x 4')

Attachment B. - Estimated Annual Quantity

Attachment B: Waste Disposal Material List by Estimated Annual Quantity