DRAFT SOW - VANIHCS Hazardous Waste Disposal.doc

Revision 003

STATEMENT OF WORK

Hazardous Waste Transportation, Treatment and Disposal Veteran Affairs (VA) Northern Indiana Health Care Systems

1.0 INTRODUCTION

This Statement of Work (SOW) outlines the requirements for a qualified contractor with the capability and capacity to provide disposal services for the VA Northern Indiana Health Care System (VANIHCS). These services include the disposal of hazardous waste, non-hazardous chemical waste, specialty waste (i.e., hazardous pharmaceuticals, high-hazard waste, non-hazardous pharmaceuticals, and dual waste [hazardous chemical and bio-hazardous combined]), universal waste, used oil, emergency spill response services, and lab pack services. Lab pack services encompass supplies, labeling, lab packing, consolidation, shipment, manifesting, and consulting.

This contract will not include the disposal of infectious, bio-hazardous, radiological, or pathological waste, except for dual waste (chemical and infectious combined).

2.0 BACKGROUND

VANIHCS requires hazardous waste removal on a monthly basis, or as needed based on generation and communicated by the Contracting Officer Representative (COR).

2.1 PLACE OF PERFORMANCE

Locations of service needs:

Marion Medical Center

EPA ID: IN636007300

1700 E. 38th Street, Marion, IN, 46953 Fort Wayne Medical Center

EPA ID: IN1360010275

2121 Lake Avenue, Fort Wayne, IN, 46805

Jackie Walorski Clinic

EPA ID: INR000151803

1540 Trinity Place, Mishawaka, IN, 46545

The contractor must be licensed to transport hazardous waste per EPA and DOT regulations; third-party agents or brokers are not permitted.

2.2 PERIOD OF PERFORMANCE

This contract will be a Single Award, Firm Fixed Price Indefinite Delivery, Indefinite Quantity, Service Contract for One (1) Base Year from 10/01/2025 – 09/30/2026 with Four (4) Option Years. Renewal of Option Years is subject to availability of the next fiscal year funding.

2.3 QUALIFICATIONS AND SPECIAL CERTIFICATIONS

2.3.1 Contractor must obtain all necessary permits and/or licenses regarding the pickup and incineration or other acceptable disposition as regulated by State and Federal EPA Guidelines for hospital hazardous/dual waste.

2.3.2 This includes any laws in other states that are applicable to the transportation of hazardous/dual waste across state lines.

2.3.4 Treatment, Storage and Disposal Facilities (TSDFs) need a Resource Conversation and Recovery Act (RCRA) permit.

2.3.5 Federal Certificate of Registration to Transport Hazardous Waste

2.3.6 Federal Safety Permit to Travel on Highways

2.3.7 If waste covered under this contract must be transported through a jurisdiction which requires special licensing or permitting, the Contractor and/or subcontractor shall obtain and maintain all necessary licenses and permits. The Contractor shall provide copies of these licenses and permits to the COR.

2.3.8 The Contractor and/or subcontractor shall, without additional cost to the Government, provide and maintain all licenses and permits for personnel, trailers, containers, vehicles, and other resources required for proper transportation and disposal of the wastes covered under this contract in accordance with all applicable federal, state, local, municipal, and VA, laws, regulations, and requirements.

2.3.9 If appropriate licenses and permits are not maintained in accordance with these applicable laws, regulations, and requirements, the Government may terminate the contract effective upon discovery.

2.3.10 The Contractor is required to perform characterization of all waste streams identified by each facility using process knowledge, identity of the chemicals, and other types of chemical analysis including, but not limited to, Toxicity Characteristic Leaching Procedure (TCLP).

2.3.11 Chemical wastes shall include, but not be limited to, flammables, corrosives, poisons/toxics/lethal, reactive wastes, dual and hazardous waste, and universal waste. Work shall be performed in accordance with all applicable Federal, State, Local and all governing regulations.

2.3.12 The successful offeror must possess the necessary technical expertise and resources required by this statement of work to be considered for contract award.

2.4 REGULATIONS / DIRECTIVES / POLICIES

2.4.1 The Contractor must comply with all applicable Federal (US EPA, US OSHA, US DOT), State (IOSHA, IDEM), interstate, national consensus standards (JC), and local requirements, rules, regulations, and laws relative to the handling, removal, manifesting, transportation, management, disposal and/or treatment of hazardous, non-hazardous and specialty wastes.

2.4.2 The contractor shall comply with local, state, and federal EPA regulations (including the Resource Conservation and Recovery Act). All items, regardless of condition, are considered waste (hazardous, non-hazardous, or universal). Compliance with 40 CFR, Chapter 1, Subchapter I is mandatory.

2.4.3 Department of Transportation (DOT) Compliance: Transportation must follow DOT Hazardous Material Regulations (49 CFR 100-199). Infectious, biohazardous, or pathological waste will not be included unless mixed with hazardous waste.

2.4.4 The Contractor shall provide appropriate protection for its employees to be within OSHA guidelines to include barrier precautions, i.e., gloves, masks, eyewear, and/or waterproof gowns, aprons, lab coats or respirators as necessary.

3.0 SCOPE OF WORK

Contractor shall provide all labor, personnel, transportation, vehicles, equipment, tools and materials necessary to provide hazardous waste management services.

Contractor shall have the capability and capacity to provide hazardous, dual, universal, waste disposal services, lab packs, and removal of non-hazardous chemical waste removal and disposal from VANIHCS, in accordance with current federal, state, and local regulations.

Services shall include pharmaceutical formulary review; technical consulting; electronic record keeping; emergency spill response; analysis, documentation, waste treatment, disposal and support services required to categorize, package, transport, document and dispose of hazardous, high hazardous, dual, and universal, and non-hazardous chemical wastes and their containers.

The Certification and Accreditation requirements under VA Handbook 6500 do not apply, and as such a Security Accreditation Package is not required.

3.1 WASTE REMOVAL, TRANSPORTATION, DISPOSAL

The contractor shall:

· Ensure proper final treatment and disposal of hazardous wastes listed in the schedule.

· Maintain a list of approved recycling vendors and landfills.

· Package chemical wastes in the most cost-effective sized container.

· Follow disposal priority: recycle, treat chemically, or bury in a secure landfill.

· Provide documentation for all disposal processes to VANIHCS.

For the purpose of this contract, disposal means either:

· The long-term internment (burial) in a facility approved for such by the appropriate state or federal agency;

· The processing of the waste (at a facility approved for such processing by the appropriate state or federal agency) in a manner that tenders it no longer a hazardous waste as defined in CFR 40, Parts 190 to 399. These processes would include (but are not limited to) chemical treatment, such as neutralization or detoxification; thermal treatment, such as incineration or pyrolysis; and recycling, reprocessing or recovery;

· Mere acceptance of the hazardous property at a properly permitted Treatment, Storage, Disposal, and Facility (TSDF) does not meet the definition of disposal under this contract;

· It is the contractor’s responsibility to obtain all necessary documentation to prove that the disposal of all items has been accomplished. This documentation shall be attached to the certificate of disposal and submitted with, or prior to, the invoices.

3.1.1 Any shipments outside of this country are prohibited under this contract (unless prior approval is received in writing from the COR).

3.1.2 Treatment of hazardous waste (including solidification) on VANIHCS property is not permitted. Treatment is defined as any process which meets the definition of treatment as set forth in applicable federal, state, and local laws and regulations.

3.1.3 The TSDFs approved for use under this contract are only approved subject to all services being performed in accordance with all federal state and local laws and regulations and the TSDF's permit. The contractor must have the capability to meet the removal and disposal timeframes required by the contract for all waste streams identified in the pricing schedule as a minimum.

3.2 LAB PACKS

The Contractor is responsible for properly containerizing all lab packs and implementing all necessary safety measures, such as the use of personal protective equipment (PPE), to prevent harm or injury to VA patients, visitors, employees, contractor employees, and the environment (e.g., using storm drain covers).

The Veterans Integrated Service Network (VISN) Environmental Protection Manager, local VA Contracting Officer Representatives (CORs), Safety Officers/Specialists, Industrial Hygienists, Green Environmental Management System (GEMS) Coordinators, and VA Police possess the authority under this contract to issue a verbal "stop work order" if they reasonably believe that ongoing job activities present an imminent hazard to life, property, or the environment.

This verbal stop work order is to be followed by a written stop work order issued by the Contracting Officer as soon as feasible after the hazardous situation has been stabilized or abated.

3.3 WASTE WEIGHTS / MEASUREMENTS

3.3.1 Bulk Items

Bulk items shall be measured by one of the following methods, whichever is more accurate and agreed upon by the Contractor and the VANIHCS representative:

· Actual weight using commercial scales.

· Calculated weight: If actual weighing is not feasible, the weight of bulk shipments shall be computed using the known specific gravity of the material and the volume picked up. For example, 2,000 gallons of liquid with a specific gravity of 1.4 equals a calculated weight of 23,344 pounds (2,000 x 1.4 x 8.337, where one gallon of water weighs 8.337 pounds). Specific gravity will be obtained from a waste profile sheet.

3.3.2 Non-bulk Items

For non-bulk items, the Contractor shall provide portable scales with a minimum capacity of 1,500 pounds for weighing property. Scales that are permanently affixed or built into a vehicle are also considered portable. Before use at each pickup site, the Contractor must demonstrate reasonable weight accuracy to the VANIHCS representative. Only materials removed by the Contractor will be weighed; pallets, boxes, stripping, and similar items not integral to the packaging will not be included in the weight.

3.4 DOCUMENTATION

3.4.1 The Contractor shall comply with all federal, state, and local regulations, policies, and procedures regarding the tracking, record-keeping, manifesting, and documentation of all hazardous, universal, and non-hazardous waste, as well as radiological wastes. The Contractor shall also comply with any changes to these federal, state, and local regulations and procedures that occur during the term of this contract. Additionally, the Contractor shall provide the Government with any additional certifications that may be required due to changes in these laws.

3.4.2 The Contractor shall provide a centralized online electronic waste tracking system that is exportable to the VA system via Microsoft Excel Spreadsheet.

3.4.2.1 The centralized tracking system will include a centralized database for all waste characterizations and determinations, waste profiles, hazardous waste manifests, universal bill of lading for universal wastes, methods of final (end) disposal, final (end) disposal sites, shipping information, monthly, quarterly and annual waste generation reports by facility, training records, a tracking system for hazardous materials spills and all recordkeeping, and reporting needed to operate and manage the VANIHCS hazardous waste management program.

3.4.3 The Contractor shall provide and prepare all uniform hazardous waste manifests (EPA Form 8700-22), land bans, certificates of destruction and recycling, and documentation related to the removal and disposal of hazardous, universal, and non-hazardous waste, as well as radiological activities conducted by its workforce and/or subcontractors. The Contractor shall furnish a properly executed and legible copy of the appropriate manifests required to document the safe shipment and proper disposal of hazardous, universal, and non-hazardous waste generated by the Government under the terms of this contract.

3.4.4 Fully executed manifests shall be provided to VANIHCS within thirty (30) calendar days of shipment. Electronic manifests shall be uploaded to RCRAinfo within thirty (30) calendar days of shipment.

3.4.5 The Contractor shall provide a Certificate of Disposal for all waste disposed clearly indicating the proper treatment and disposal.

3.4.5 The Contractor shall prepare a Certificate of Recycling for any waste that is recycled. This certificate is to be submitted prior to invoicing. One signed copy of each Certificate of Recycling, approved by a responsible company official for the property removed, shall be provided to the appropriate VANIHCS property officials.

3.4.6 The Contractor shall prepare all waste analysis sheets (profiles) associated with specific contract line items that may be required for disposal and provide copies to the VANIHCS.

3.4.7 If the Contractor must conduct a detailed disposal analysis, copies of the results related to a specific contract line item shall be provided to the VANIHCS. This analysis must comply with all applicable federal, state, and local requirements and include whether hazardous or toxic waste will be treated, recycled, or disposed of in a landfill, along with the associated cost benefits. The ultimate disposal method will be the most cost-effective option agreed upon by the Contractor and a VANIHCS representative.

3.5 HAZARDOUS WASTE SPILL OR RELEASE

Should waste be spilled or released during the performance of services, through no fault of VANIHCS, the Contractor shall be responsible for cleanup and all costs associated with the satisfactory remediation of the incident.

This shall include the cost of all labor and materials, repair of any damage, and/or harm caused to patients, visitors, and staff. Cleanup shall be performed to the satisfaction of regulatory authorities and the COR.

When waste is spilled or release by the contractor during the performance of services the Contractor shall submit a spill report.

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 cleaned up, 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.

4.0 CONTRACTOR FURNISHED MATERIALS AND EQUIPMENT:

The contractor shall furnish all personnel, equipment, packaging, and materials necessary for waste management. Responsibilities include:

· Proper classification, labeling, and packing of waste in compliance with federal and state regulations.

· Ensuring contractor vehicles are appropriately equipped for handling hazardous materials, including placarding per DOT regulations, and maintaining required emergency equipment.

4.1 VANIHCS does not warrant that the drums or containers are suitable for transportation in accordance with DOT regulations. The Contractor is cautioned to ascertain and assess the need for overpacking or containerizing based on the site visit.

4.2 The VANIHCS shall not furnish any equipment or personnel to assist the Contractor in the performance of the Contractor's responsibilities under the contract. The Contractor understands that any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers.

5.0 SAFETY & SECURITY

The contractor is committed to upholding safety standards by:

· Conducting operations in a prudent, safe, and professional manner, ensuring all personnel are trained in handling hazardous materials.

· Implementing all necessary spill management procedures, including timely reporting of any incidents to the COR, and following up with written documentation.

· Ensuring all activities comply with OSHA, EPA, and other applicable safety regulations.

The VA reserves the right to inspect contractor facilities before approving its use or at any time during or after contract period while VA wastes are present.

6.0 PERFORMANCE

6.0.1 The contractor shall maintain all required licenses and permits and provide adequate resources for the timely removal of hazardous waste, adhering to the following:

· The Contactor and COR shall arrange for scheduled/routine (non-emergency) services that occur on a monthly basis.

· Work hours for waste pickup are established as 8:00 AM to 4:30 PM EST, Monday through Friday, excluding federal holidays.

· Any service performed outside of normal working hours shall be approved in advance by the Contracting Officer’s Representative COR.

6.0.2 If appropriate licenses are not maintained in accordance with Federal and State requirements, the VA may terminate the contract effective upon discovery. The CO or his/ her designee reserves the right to stop work if the COR determines work is being done in an unsafe/unhealthy manner or that could harm the environment. VA will not incur additional costs if work is stopped for good cause.

6.1 LICENSES, PERMITS, COMPETENCY

The following shall be provided to the Contracting Officer with bid proposal submission for evaluation purposes and annually (September 1st) with any changes to original submission clearly identified and highlighted:

6.1.1 Current waste transporter permit(s)

6.1.2 The Contractor shall provide a comprehensive list of all transfer stations, treatment, storage, and disposal facilities (TSDFs) that will be utilized during this contract. This list must include the following details for each facility:

1. Name of the facility

2. Address

3. Phone number.

4. EPA identification number

5. Capacity of the facility

6. Waste codes for the waste streams that the facility is permitted to accept, categorized by treatment technology.

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 Operator Permit(s)

6.1.4 Certificates of training, job descriptions, and experience details of the staff and/or personnel who will perform site work under this contract must be submitted per the COR’s request. All technicians working on VA premises are required to have received, at a minimum, the training mandated by law. This includes compliance with state requirements and training as specified in:

- 29 CFR 1910.120

- 40 CFR Parts 260-265

- 49 CFR Parts 171-178

6.1.5 Provide a copy of the US EPA identification number(s) and certificate for each business entity that is operated by, or will have waste shipped to, the contractor responsible for providing services related to any aspect of the VA waste disposal program (such as storage, transfer, and/or incineration sites).

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

6.1.7 Proof of the liability insurance (all lines of coverage – e.g. general liability, automobile liability, umbrella liability, workers compensation liability, etc.).

6.1.8 Contractor shall provide their billing procedure that would be utilized for the following services outlined in this SOW:

a. Spill and emergency response activity.

b. Transportation and Disposal of Highly Hazardous Chemicals

c. Any waste that falls outside service pricing schedule (e.g. unknowns, etc.)

6.1.9 Provide a detailed site safety plan that will be used to ensure that workers and nearby population will be adequately protected during packaging and removal operations.

6.2 Capability Requirements

6.2.1 It is the intent of this contract to have regular pickups scheduled on a monthly basis. The responsible Contracting Officer Representative, or his/her designee, shall notify the Contractor of the need for pickups in unusual circumstances outside the normal schedule. The Contractor must coordinate all pickups with the facility's COR. The Contractor shall be required to pick up waste within seven (7) calendar days of telephonic or email notification by government representatives or must be able to respond and provide cleanup within two (2) hours in the event of a spill or other emergency.

6.2.2 The government requires services on a recurring basis. There shall be no penalties or additional costs incurred should a facility require more or fewer pickups or disposal volumes than those estimated in the schedule of costs.

6.3 INSURANCE

Owners and Contractor’s Insurance: The contractor shall obtain at its own expense, General Liability Insurance in the amount of not less than $500,000.00 for protection against claims of personal injury, and $50,000.00 per occurrence for damage to property, arising out of this contract.

Professional Liability Insurance: The contractor shall obtain at its own expense, professional liability insurance for services to be performed pursuant to this contract, insuring the contractor against malpractice or errors and omissions of the contractor in the amount required by state and local authorities. $10 million in pollution control liability insurance.

Workers Compensation and Employer Liability: $100,000.00

Automobile Liability: $200,00.00 per person and $500,000.00 per occurrence for bodily injury and $20,000 per occurrence for property damage.

At all times during performance, the contractor shall maintain with the Contracting Officer, a current Certificate of Insurance showing at a minimum, the insurance required above, and providing thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

7.0 INDEMNIFICATION

It shall be expressly agreed and understood by the Contractor and VANIHCS that the Contractor agrees to indemnify VANIHCS against all liabilities, claims, penalties, incident of death, bodily injuries, destruction or damage to property, contamination or adverse effects on the environment or any violation of government laws, rules or regulations, caused in whole or part by the Contractor’s breach of any term of the contract or any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract.

8.0 CONTRACTOR

8.0.1 Within 15 days of award, the contractor shall provide key contact information, including names, titles, addresses, and telephone numbers, and maintain 24-hour emergency response capabilities related to spill incidents.

8.0.2 Contractor remains responsible for proper management of waste even after it leaves VANIHCS property. This includes responsibility for any spill while in transit.

8.0.3 In the event a regulatory agency assesses a monetary fine against VANIHCS for violations caused by the Contractor, the contractor shall reimburse VANIHCS for the fine.

8.1 IDENTIFICATION, CHECK-IN, PARKING, AND SMOKING

8.1.1 Contractor employees shall notify COR or designees upon arrival to campus and prior to commencement of work.

8.1.2 During off-hours emergency response activities contractor personnel shall check in with VA Police if the COR or designee is not available.

8.1.3 Smoking is prohibited on VA property.

8.1.4 Possession of weapons or contraband is prohibited.

8.1.5 Enclosed containers, including tool kits, shall be subject to search.

9.0 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.

Invoice must include, but not limited to:

· Contract Number

· Purchase Order Number

· Manifest Number(s)

· Complete and accurate description of services

· Dates of performance

· Amounts

· Unit Price

· Extended Totals

· Any other data relevant for payment purposes

The Government shall not authorize payment until such time that the COR or his/her designee receives all properly executed and signed documentation.

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

10.0 RECORDS MANAGEMENT

Federal Records related to this contract, regardless of medium, shall be created, maintained, and dispositioned in accordance with the VHA Records Control Schedule (RCS) 10-1, General Records Schedule (GRS) or another NARA-approved records schedule, if applicable.

Federal Records shall be stored per the National Archives & Records Administration (NARA) Records Management, as described in 36 Code of Federal Regulations (CFR) Chapter XII Subchapter B.

10.1 REFERENCES

a. VHA Records Control Schedule (RCS) 10-1.

b. General Records Schedule (GRS).

c. NARA Records Management, 36 CFR Chapter XII Subchapter B.