FAC110 RFR_Amended 04-21-20.pdf

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Hazardous/Universal, Medical, and Electronic Waste Disposal and Emergency Response

Agency Document Number: FAC110

COMMBUYS Bid#: BD-20-1080-OSD03-SRC3-44001

4/3/2020

*Amended 4/21/20. Amendments in Red*

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE FAC110 - Hazardous/Universal, Medical, and Electronic Waste

Table of Contents Page i

Document Sensitivity Level: High during development; Low once published.

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 ESTIMATED PROCUREMENT CALENDAR

1.2.1 SUBMISSION OF BID QUESTIONS

1.2.2 BID AMENDMENT DEADLINE

1.2.3 PRE-BID CONFERENCE

1.2.4 LATE BIDS WILL NOT BE CONSIDERED

1.2.5 DEBRIEFING

1.3 ADDITIONAL BID INFORMATION

1.3.1 ANTICIPATED CONTRACT DURATION:

1.3.2 PERFORMANCE AND PAYMENT TIME FRAMES WHICH EXCEED CONTRACT DURATION

1.3.3 ESTIMATED VALUE OF THE CONTRACT

1.3.4 ESTIMATED NUMBER OF AWARDS

1.3.5 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.3.6 ACQUISITION METHOD(S):

1.3.7 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 CROSSCUTTING PRODUCT AVAILABILITY

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 BUSINESS BACKGROUND & YEARS IN THE INDUSTRY OF THE BID

3.2 EMPLOYEE AND/OR BUSINESS TECHNICAL/BUSINESS EXPERIENCE, CERTIFICATIONS, LICENSES 5

3.3 EMERGENCY RESPONSE CAPABILITIES AND CONTINUITY OF OPERATIONS PLAN (COOP)

3.4 FINANCIAL STABILITY INCLUDING DUNS REPORT, BANKRUPTCY, LITIGATION AND CONTRACT

DEFAULTS

3.4.1 DUN AND BRADSTREET REPORTS

3.4.2 STATEMENT OF FINANCIAL STABILITY

3.4.3 DEFAULT, LITIGATION, BANKRUPTCY

3.4.4 TAX COMPLIANCE

3.5 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 COMMODITY SPECIFICATIONS

4.1.1 CATEGORY 1 (HAZMAT COLLECTION & DISPOSAL)

4.1.2 CATEGORY 2 (HHW EVENTS)

4.1.3 CATEGORY 3 (UNIVERSAL WASTE)

4.1.4 CATEGORY 4 (SHARPS COLLECTION AND DISPOSAL)

4.1.5 CATEGORY 5 (ONSITE MEDICAL WASTE TREATMENT SYSTEMS)

4.1.6 CATEGORY 6 (MEDICAL WASTE)

4.1.7 CATEGORY 7 (PHARMACEUTICAL WASTE)

Table of Contents Page ii

4.1.8 CATEGORY 8 (ELECTRONIC WASTE AND E-WASTE)

4.1.9 CATEGORY 9 (TANKS)

4.1.10 CATEGORY 10 (EMERGENCY RESPONSE)

4.1.11 ADDITIONAL PROVISIONS FOR ALL CATEGORIES

4.1.12 ENVIRONMENTAL SPECIFICATIONS

4.1.13 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

4.1.14 BIDDER CURRENT ENVIRONMENTAL PRACTICES FORM

4.1.15 COMPENSATION STRUCTURE/PRICING

5 SUPPLIER DIVERSITY PLAN (SDP)

5.1.1 ENVIRONMENTAL PLAN

6 EVALUATION CRITERIA

6.1 MANDATORY REQUIREMENTS

6.2 EVALUATION COMPONENTS

6.2.1 PRICE

6.2.2 ADDITIONAL EVALUATION COMPONENTS:

6.3 BEST VALUE SELECTION AND NEGOTIATION

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

7.1 ELECTRONIC SIGNATURES

7.2 LIMITS AND RESTRICTIONS

7.2.1 FILE FORMAT RESTRICTIONS

7.2.2 FILE NAMING CONVENTIONS

7.3 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

7.3.1 QUOTE CONTENT

7.3.2 NON-COLLUSION

7.3.3 MULTIPLE QUOTES

7.3.4 MINIMUM QUOTE DURATION

7.3.5 BIDDER’S CONTACT INFORMATION

7.3.6 OWNERSHIP OF SUBMITTED QUOTES

7.3.7 PROHIBITIONS

7.3.8 PUBLIC RECORDS LAW

7.3.9 REASONABLE ACCOMMODATION

8 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

8.1 INK SIGNATURES ON REQUIRED FORMS

8.2 USE OF COMMBUYS

8.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

8.3.1 CHANGES TO CONTRACTOR’S INFORMATION

8.3.2 CONTRACTOR ACCOUNT TEAM

8.3.3 SINGLE POINT OF CONTACT

8.3.4 REPLACEMENT OF CONTRACTOR STAFF

Table of Contents Page iii

8.3.5 ADDING COMMODITIES AND/OR SERVICES ONLY IN ACCORDANCE WITH THE STATEWIDE

CONTRACT

8.3.6 REQUESTING PRICE ADJUSTMENTS ONLY IN ACCORDANCE WITH STATEWIDE CONTRACT

8.4 PERFORMANCE MEASURES

8.4.1 CONTINUED QUALIFICATION BASED ON PERFORMANCE

8.4.2 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

8.5 REPORTING REQUIREMENTS AND DUE DATES

8.5.1 REPORTING AND PAYMENT DUE DATES

8.5.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

8.5.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

8.5.4 AUDIT

8.5.5 OTHER TERMS

8.5.6 AD HOC REPORTS

8.6 PAYMENT RELATED TERMS

8.6.1 BILL PAYMENT

8.6.2 LATE PAYMENT FEES

8.6.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.6.4 CREDITWORTHINESS

8.6.5 TAX EXEMPTION

9 RFR APPENDICES

9.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

9.1.1 APPLICABLE PROCUREMENT LAW

9.1.2 GENERAL PROCUREMENT INFORMATION

9.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

9.2 APPENDIX 2- INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

9.3 APPENDIX 3: HAZARDOUS WASTE EVENT PRODUCT ACCEPTANCE LIST

9.4 APPENDIX 4: DUN AND BRADSTREET / OPEN RATINGS REPORT ORDERING INSTRUCTIONS.. 61

10 GLOSSARY

10.1 TERMS SPECIFIC TO THIS RFR

10.2 TERMS SPECIFIC TO CATEGORY 8, ELECTRONIC WASTE

10.3 GENERAL DEFINITIONS

REQUEST FOR RESPONSE FAC110 - Hazardous/Universal, Medical, and Electronic Waste Disposal and

Emergency Response

RFR FAC110 COMMBUYS BID NUMBER BD-20-1080-OSD03-SRC3-44001 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the FAC110 Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Hazardous/Universal, Medical, and Electronic Waste Disposal and Emergency Response services.

The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace SWC# FAC82. The Contract will also be available for use by other Eligible Entities.

The purpose of this procurement is to establish contract(s) with qualified companies that provide waste management services: (1) in accordance with all applicable federal and state regulations; (2) in a manner that will provide the best value in waste management services for State Agencies; and (3) which will minimize the State’s and the Contractor’s liability related to waste transportation, management and disposal.

Bidders may bid in one or more of the categories represented in this RFR:

Category 1: Hazardous materials collection and disposal

Category 2: Hazardous waste collection events

Category 3: Universal waste collection and disposal

Category 4: Sharps collection and disposal

Category 5: Onsite medical waste treatment systems

Category 6: Medical/infectious waste collection and disposal

Category 7: Pharmaceutical waste collection and disposal

Category 8: Collection and recycling of electronic waste (e-waste

Category 9: Tank collection and disposal

Category 10: Emergency response services (ERS) and immediate response action (IRA)

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure 1/10/2020

Bid Release Date 4/3/2020

Pre-bid Conference

4/10/20 11:00AM (Webinar)

Click link to register:

http://survey.constantcontact.com/sur vey/a07egzow544k8671h1m/start

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

4/17/2020 at 2:00 PM

Official answers for Bid Q&A published (Estimated)

4/21/2020 http://survey.constantcontact.com/survey/a07egzow544k8671h1m/start http://survey.constantcontact.com/survey/a07egzow544k8671h1m/start

RFR FAC110 COMMBUYS BID NUMBER BD-20-1080-OSD03-SRC3-44001 Page 2

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training

Vendor Webinar: How to Locate and Respond to Bids in COMMBUYS (online training)

Monday, April 13th, 2020 10:00 AM-11:00 AM (Webinar) https://www.mass.gov/doc/vendor-schedule/download

Wednesday, April 15th, 2020 2:00 PM-3:30 PM (Webinar)

FAC110 Customized Training: How to Locate and Respond to Bids in COMMBUYS (Online Training)

Registration link:

https://www.eventbrite.com/e/fac110-how-to-locate-and-respond-to-bids-in-commbuys-online-training-tickets- 101923104750

YouTube Video:

How to Find Bids (Solicitations) and Submit Quotes (Respond) https://www.youtube.com/watch?v=I G7XDNk4-U0

Bid Amendment Deadline. Online Quote submission begins. Bid documents will not be amended after this date.

4/21/2020

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

4/28/20 3:00PM

5/5/20 12:00PM

Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

5/29/2020

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

7/1/2020 https://www.mass.gov/doc/vendor-schedule/download https://www.eventbrite.com/e/fac110-how-to-locate-and-respond-to-bids-in-commbuys-online-training-tickets-101923104750 https://www.eventbrite.com/e/fac110-how-to-locate-and-respond-to-bids-in-commbuys-online-training-tickets-101923104750 https://www.eventbrite.com/e/fac110-how-to-locate-and-respond-to-bids-in-commbuys-online-training-tickets-101923104750 https://www.eventbrite.com/e/fac110-how-to-locate-and-respond-to-bids-in-commbuys-online-training-tickets-101923104750 https://www.youtube.com/watch?v=IG7XDNk4-U0 https://www.youtube.com/watch?v=IG7XDNk4-U0

RFR FAC110 COMMBUYS BID NUMBER BD-20-1080-OSD03-SRC3-44001 Page 3

*See Appendix 2, " Instructions for Vendors Responding to Bids Electronically through COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-schedule/download for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q & A, on COMMBUYS for Procurement Calendar updates.

1.2.1 Submission of Bid Questions

The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidders access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

1.2.2 Bid Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.2.3 Pre-bid Conference

The Pre-bid Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders.

Attendance is optional. Please refer to the Pre-bid Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time and date of the Bidders’ Conference.

1.2.4 Late Bids will not be Considered

Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

1.2.5 Debriefing

The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

RFR FAC110 COMMBUYS BID NUMBER BD-20-1080-OSD03-SRC3-44001 Page 4

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration:

The term of this Contract is five (5) years.

1.3.2 Performance and payment time frames which exceed Contract duration All term leases, rentals, maintenance or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than 1 year beyond the final termination date of this Statewide Contract. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired. Any contractor entering into new engagements with eligible entities after contract expiration will be subject to remedial measures, which may include but are not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

1.3.3 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $6,084,292.85 annually. This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for Fiscal Year 2019 which ran from July 1st, 2018 to June 30th, 2019. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

1.3.4 Estimated Number of Awards

For all categories the SST intends to award a minimum of three (3) vendors, where possible. The SST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, and adequate sales volume.

1.3.5 Adding Contractors after initial Contract Award

If, over the life of the Contract, the SST determines that additional Contractors should be added in order to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

1.3.6 Acquisition Method(s):

Check All Applicable (“X”):

Category

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease (Category 5 only)

License

Other: [specify other, e.g., Tax Exempt Lease-Purchase (TELP)]

1.3.7 Entities Eligible to Use the Resulting Contract

Any Contract(s) resulting from this Bid will be open for use by the following entities:

• Cities, towns, districts, counties and other political subdivisions;

• Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

• Independent public authorities, commissions and quasi-public agencies;

• Local public libraries, public school districts and charter schools;

• Public hospitals owned by the Commonwealth;

• Public institutions of higher education;

RFR FAC110 COMMBUYS BID NUMBER BD-20-1080-OSD03-SRC3-44001 Page 5

• Public purchasing cooperatives;

• Non-profit organizations that are doing business with the Commonwealth;

• Other states and territories with no prior approval by the State Purchasing Agent; and

• Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 Crosscutting product availability

• Bulk purchases of sharps, pharmaceutical waste and medical waste containers may be available through this contract in addition to statewide contracts HSP40 Medical Commodities and HSP41 Laboratory Supplies and Equipment.

3 BIDDER QUALIFICATIONS

3.1 Company experience

3.1.1 Business background & Years in the industry of the Bid

Bidders must have been in the business of providing services or products in the category for which they are bidding for at least the three (3) most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than three (3) years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

3.2 Employee and/or business technical/business experience, certifications, licenses

The Bidder, Receiving Facilities and all applicable subcontractors must possess all federal, state and local permits and licenses necessary to provide the services offered in response to this RFR as outlined under section “Permits” of all applicable categories.

3.3 Emergency Response Capabilities and Continuity of Operations Plan (COOP)

In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. The Bidder’s Response should include the following:

Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency.

A list of emergency contact information including name, position/title, phone, email and cell phone.

A list of the Bidder’s building location (s) that would be available to serve the Commonwealth during an emergency.

A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region).

This information will not be considered in the evaluation of the Response.

3.4 Financial stability including DUNS report, bankruptcy, litigation and contract defaults

3.4.1 Dun and Bradstreet Reports

The SST has chosen to utilize an independent party, Dun & Bradstreet (D&B), to assist in the evaluation of bidder financial stability. The SST will utilize the D&B Supplier Evaluation Risk (SER) rating.

https://www.mass.gov/files/documents/2016/10/xb/eligible.xlsx

RFR FAC110 COMMBUYS BID NUMBER BD-20-1080-OSD03-SRC3-44001 Page 6

3.4.1.1 Bidders are urged to review their D&B SER rating well before the Bid Opening Date in order to allow sufficient time to provide more recent information, if needed.

See Appendix 4: Dun and Bradstreet / Open Ratings Report Ordering Instructions for information on how to order the reports. If the Bidder submits D&B reports other than those named or referenced in these instructions as acceptable, the reports will not meet this requirement.

Bidders whose Supplier Evaluation Risk (SER) Rating is above seven (7) must provide a satisfactory explanation to the SST regarding the company’s financial position. Bidders whose “Overall Performance Rating” on the Past Performance Evaluation is 70 or below may be asked to submit additional customer references or to submit an explanation addressing why the customer references’ ratings may have been so low relative to Bidder scores on the comparable RFRs. The SST may disqualify Bidders if, in the sole judgment of the SST, the explanations and/or performance ratings provided are not satisfactory.

3.4.2 Statement of Financial Stability

As required in the Bidder Response Form, Bidder must provide Gross Annual Revenue for calendar years: 2017, 2018, and 2019.

3.4.3 Default, Litigation, Bankruptcy

As required in the Bidder Response Form, Bidder must state if there are any past pending legal actions including contract defaults, litigation and bankruptcy, and / or any purposeful business name change due to contract defaults, litigation or bankruptcy. The past is defined as the three years prior to the opening of this solicitation.

3.4.4 Tax Compliance

Bidders must certify compliance with all Commonwealth tax laws, including MGL c62C, §49A. More information regarding these Department of Revenue documents are posted at http://www.mass.gov/dor

3.5 References and reference information and/or requirements

Bidders must provide all requested information for three (3) business references for each category bid on, using the Business Reference Form. A single business reference may provide multiple references for the bidder when services under multiple categories have been performed. The completed Business Reference Form(s) form must be included with online submission. In completing this form, note that the “Bidder” is the name of the company submitting a Response to this RFR; “Reference Name” is the name of the individual inside the organization that will provide the reference; and the “Phone #” and “Email Address” are those of the “Reference Name” so that the SST may be able to reach them. The SST reserves the right to verify references included in the Response and to conduct other reference checks as deemed appropriate.

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 Commodity Specifications

The below sections include specifications for each of the ten (10) categories.

4.1.1 Category 1 (HAZMAT Collection & Disposal)

Category 1 (HAZMAT Collection & Disposal) includes but is not limited to automotive wastes, various chemical wastes, and asbestos containing wastes. Among the covered services are waste collection and transportation;

recycling, management and disposal; waste sampling, analysis and profiling; waste management related labor;

and waste management related training to Eligible Entities.

4.1.1.1 Additional Bidder Qualifications

In addition to the qualifications and specifications for all categories provided in RFR Section 3, Bidders in Category 1 must comply with the following provisions.

4.1.1.1.1 Additional Insurance Requirements

All Bidders and their intended Subcontractors must maintain third-party liability insurance. All Bidders and their intended Subcontractors involved in transporting hazardous waste must, at a minimum, maintain liability insurance required by the U.S. DOT (MCS-90). All Receiving and Destination Facilities must have at least the amounts of insurance required under federal regulations 40 CFR 264 or 265 subpart G or H.

http://www.mass.gov/dor

RFR FAC110 COMMBUYS BID NUMBER BD-20-1080-OSD03-SRC3-44001 Page 7

4.1.1.1.2 Emergency Response Plans

All Contractors must maintain emergency response plans at all Receiving and Destination Facilities if required by federal, state or local laws.

4.1.1.1.3 Closure Plan

All RCRA Receiving and Destination Facilities must have a closure plan with performance bond, surety bond or other financial assurance mechanisms (FAM) as required under 40 CFR 264 or 265 subpart G and H to provide funds for closure of the facility, post-closure and corrective action in the event that the owner/operator is unable or unwilling to do so.

4.1.1.1.4 Permits

The Bidder, Receiving Facilities and all applicable subcontractors must possess all federal, state and local permits and licenses necessary to provide the services offered in response to this RFR. Bidders must use the Facility Information File to submit this information.

Documentation must include the dates and activities for which permits are valid, permit numbers, and the names and contact information of specific individuals at each regulatory agency (other than the Massachusetts Department of Environmental Protection) that may be contacted to discuss the permits.

Actual copies of permits are NOT required to be submitted.

4.1.1.1.5 Measures for Non-RCRA Facilities

It is desirable that all Receiving and Destination Facilities not subject to RCRA regulations (e.g. recycling facilities) possess sufficient emergency response plans, financial assurance mechanisms for closure plans and/or insurance against sudden and non-sudden releases of hazardous materials. Bidders can submit a single document with a description of how such facilities meet any or all of the above provisions. The SST reserves the right to request additional documentation. The SST will determine whether submissions are sufficient to meet the needs of the Commonwealth. The SST will be the final decision-making body for making this determination.

4.1.1.1.6 Regulatory Compliance History

All Bidders and any Receiving and Destination Facilities they utilize must possess an acceptable history of regulatory compliance as determined by the SST. In their responses, all Bidders must disclose any past violation of any environmental law or regulation that occurred at any Receiving and Destination Facility in the previous 5 years. The list must include past as well as current/open violations. The SST will be the final decision-making body for making this determination.

4.1.1.1.7 Facility Audits

It is desirable that Bidders demonstrate that independent audits have been conducted at all Receiving Facilities identified in their response. The SST reserves the right to request a copy of such audits prior to award or at any time during the contract term. Bidders may submit a single document stating whether independent audits have been conducted and, if yes, for which Receiving Facilities.

The SST reserves the right to conduct on-site audits and inspections of any designated Receiving Facilities at any time during the Contract term. Such visits will aid the Commonwealth in ensuring that proper procedures are being utilized at all facilities where wastes from the Commonwealth are handled. Upon the determination that significant violations are occurring at any facility, the SST may negotiate with the Contractor to rectify said violations, however, barring such rectification, the SST may elect to suspend or terminate a contract where such violations are considered to be significant and endangering either public health or the environment.

4.1.1.2 Service Specifications

The below sections include service specifications for Category 1.

4.1.1.2.1 Waste Materials Covered

Contractors must collect, manage and properly dispose of all material categories listed below:

• automotive wastes and related materials

• flammable liquids

RFR FAC110 COMMBUYS BID NUMBER BD-20-1080-OSD03-SRC3-44001 Page 8

• halogenated and non-halogenated organic solvents

• paint and paint products, latex and oil based

• acid, alkaline and aqueous solutions with heavy metals

• lab pack pesticides/herbicides, and lab pack other chemicals

• aerosol cans

• liquid oxidizers and solid bulk oxidizers

• liquid mercury and mercury saturated articles

• refrigerants

• fire suppression chemicals

• friable asbestos and asbestos contaminated articles

• vinyl asbestos tile or other conditionally exempt asbestos containing materials

• soil contaminated with petroleum hydrocarbons, less than 100 CY

• soil contaminated with solvents, less than 10 CY

• soil contaminated with below RCRA TCLP levels of heavy metals other than mercury, less than 10 CY

• other debris or animals contaminated with chemicals (e.g. lab specimens)

• heavy metal bearing solids (e.g. paint chips)

• propane tanks

• unknown compressed gases

• hazardous sludges (floor drains, oil/water separators, oil tank bottoms)

• grease trap waste

• PCB contaminated materials >50 ppm

It is desirable that Bidders offer collection and disposal services for radioactive materials identified in the Category 1 Price & Qualifications Sheet, as well as additional materials not listed above upon request from an Eligible Entity. Bidders should use the Disposal Fees section of the Price Sheet for Category 1 to identify such additional materials (space for such additional information is provided at the end of each subsection, e.g. “Automotive Materials,” Paint & Paint Products,” etc.). Upon request from an Eligible Entity for the collection of a specific material, Contractors must inform the Eligible Entity whether or not the identified materials will be collected. Pricing for all such requests must be negotiated between the Eligible Entity and the Contractor. Contractors must agree to provide estimates for such collection services prior to providing service.

4.1.1.2.2 Collection and Transport

The Contractor must ensure that all waste materials are appropriately sorted, packed, collected from Generating Facilities and transported to approved recycling, treatment or disposal facilities in accordance with all applicable regulations. The Contractor must schedule a pick-up within three (3) business days of contact from an Eligible Entity. The Contractor must provide the following services:

• Name the sponsoring Eligible Entity as additionally insured, upon request.

• Notify the Eligible Entity at least 48 hours prior to pick-up to confirm scheduled pick-up time or request a change.

• Prepare all required shipping papers for the transport of items under the contract.

• Pick-up waste from Generating Facility within 15 business days from initial request, unless otherwise requested in writing by the Eligible Entity.

• Notify Generating Facility if actual response time will exceed expected response time.

• Classify, package or repackage waste, as necessary, in DOT approved shipping containers.

• Divert non-contaminated recyclables to designated recycling containers.

• Divert solid waste to designated solid waste containers. It is desirable that Bidders offer a disposal service for such diverted solid waste. It is also desirable that Bidders offer liners for the Eligible Entity’s solid waste containers. If such services are offered, Bidders must use the Category 1 HazMat tab on the Price & Qualification Form, under section 1 Disposal Fees, “Additional Disposal Pricing Information”.

• Provide appropriate labels to meet shipping requirements.

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• Load containers onto truck with contractor-provided equipment and labor.

• Transport waste to designated Receiving and Destination Facility(ies).

• Maintain 24-hour phone service at all times that hazardous materials are in transit.

• Submit itemized invoice directly to the Eligible Entity within 30 days of pickup, including waste management unit charges, numbers of units, transportation charges and labor charges and dates services were provided.

It is desirable that Bidders offer prompter response times than those required above. Bidders should use Bidder Response Form to indicate whether faster collection services are available and identify the process for requesting such services and any associated costs.

Bidders submitting responses for statewide services must provide a toll-free phone number on Bidder Response Form for placing orders and for answering questions about services provided. It is desirable that Bidders submitting responses for regional services offer a toll-free number for the same services.

It will be the responsibility of the Contractor to determine whether or not any waste oil collected under this contract has been contaminated prior to collection. Contractor(s) may elect to collect oil separately if contamination is suspected. Under no circumstances will an Eligible Entity be responsible for paying for the disposal of contaminated oil if such oil has been bulked or otherwise mixed with other oil.

Bidders must offer services on the Boston Harbor Islands. Any services provided on Boston Harbor Islands or other islands not identified in this RFR or Price Qualification Sheet will be negotiated between the Contractor and the Eligible Entity.

4.1.1.2.3 Identification of Unknowns and Management of Abandoned Waste

The Contractor must provide for profiling, identification and the safe collection and disposal of abandoned hazardous waste or other unknown wastes at the request of the Eligible Entity. Bidders and/or Sub- Contractors must have the capability to:

• Respond within 5 business days to calls for management of abandoned waste;

• Wear appropriate PPE in accordance with OSHA 1910.120;

• Perform field chemical screen for unknown wastes;

• Provide analytical services, as applicable, to characterize waste, if field screens are not sufficient;

• Provide on-site sample collection services with any necessary equipment and supplies, including chain-of-custody form;

• Repack or overpack the container in which it is found;

• Move waste to a safe location for the time required for lab analysis;

• Manifest and provide for safe disposal of the waste according to contract prices;

• Provide lab data and any other relevant information to the Eligible Entity.

Bidders must provide a description of available field screening and in-house laboratory services. Bidders must submit contact and certification information for any contract laboratories used to perform analysis.

4.1.1.2.4 Recycling and disposal services

The Contractor shall provide for the ultimate disposition of wastes at approved Receiving Facilities through recycling, reclamation, treatment, fuel blending, incineration or land disposal in accordance with all applicable local, state and federal rules and regulations. It is desirable that waste materials be managed by the Receiving Facilities according to the following waste management hierarchy:

(1) Recycled

(2) Reclaimed

(3) Neutralized or treated

(4) Fuel blended

(5) Incinerated

(6) Landfilled

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Bidders are strongly encouraged to develop partnerships and sub-contracting relationships with appropriate vendors who may be able to provide services higher on the waste hierarchy and who provide technical assistance to minimize waste generation, both at competitive prices.

Higher evaluation points may be awarded to those bidders who propose to manage the greatest number of waste materials through methods that are higher on the hierarchy. Bidders must use Category 1 Price Sheet, “Disposal Fees” section, on the Price & Qualification Sheet, to designate the waste management method which will be used for each waste material identified. Contractors may not change their waste management hierarchy without prior approval of the SST.

The Contractor shall ensure that Receiving Facilities:

• Recycle or reclaim all applicable waste materials.

• Neutralize or treat all applicable waste materials.

• Dispose of remaining waste materials.

• Send appropriate copies of all manifests back to the Generating Facility within regulatory time limit.

• Send certificate of recycling for all recycled materials to the Generating Facility within 180 days of receipt by the Destination Facility as noted on the manifest or shipping paper.

• Send certificate of destruction for all non-recyclable material to the Generating Facility within 180 days of receipt by the Destination Facility as noted on the manifest or shipping paper.

Bidders must describe their procedure for assessing supplemental charges to the Generating Facility, such as handling charges for contaminated waste materials destined for recycling.

4.1.1.2.5 Storage Containers

Contractors must offer for sale all storage containers necessary to properly handle hazardous materials, including, but not limited to:

• 1-gal pails

• 5-gal pails

• 30-gallon drums

• 55-gallon drums

• 85-gallon drums

• Cubic-yard boxes

• 80-gallon overpack containers

It is highly desirable that all containers contain post-consumer recycled content. Contractors must offer hazardous waste storage labels at no cost to Eligible Entities who purchase storage containers from the Contractor.

Bidders must use Category 1 Price Sheet, “Container Pricing” section, on the Price & Qualification Sheet, to identify the cost of the above containers and other available containers and/or materials.

4.1.1.2.6 High Hazard Waste Management

It is desirable that Bidders offer High Hazard Waste Management services (such as for explosive materials).

If such services are offered, bidders must provide information on such services in the Category 1 Price Sheet, “Labor Rates” section, on the Price & Qualification Sheet.

4.1.1.2.7 Training and Technical Assistance

Bidders must offer basic training and education to users of the contract within this category. Awarded contractors must offer basic education to users on processes and procedures for appropriate storage, handling or packaging of hazardous materials. Bidders must submit a description of training services offered and the costs, if any, associated with them. It is desirable that Bidders offer basic training at no cost.

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In addition to basic training needs, Eligible Entities may be in need of other, more in-depth training to help reduce the threat hazardous waste poses to staff, the public and the environment. It is desirable that Bidders offer a variety of training programs relating to the services being proposed, including, but not limited to, those which address some or all of the following in a 2 to 4 hour training seminar format:

• Physical Set Up/Handling standard operational procedures (SOP's)

• Tracking and Documentation

• Awareness of Hazards

• Pollution Prevention and Waste Minimization

• Other training which can be done in no more than ½ day formats

To receive credit for additional training, Bidders must identify and describe the type of training available, whether or not it is on site, limits on attendance and any costs associated with such training. Bidders may be evaluated based on the comprehensiveness of training and provision of best value to the Commonwealth.

It is also desirable that Bidders offer such services as fume hood evaluation, remedial technical assistance, preparation to RCRA audits and other services related to hazardous waste. Pricing for such services, if offered, must be provided in the Category 1 Price Sheet, “Training and Technical Assistance” section, on the Price & Qualification Sheet.

4.1.1.2.8 Spill Response

The Contractor is solely responsible for any and all spills or leaks that arise out of their contract obligations, and which occur as a result of or are contributed to by the actions of its agents, employees or subcontractors.

The Contractor shall be responsible for clean-up of said spills in accordance with applicable federal, state and local laws and regulations, which may include Licensed Site Professional services. The contractor shall clean up and dispose of spill debris at no additional cost to the Commonwealth or the generating facilities.

4.1.2 Category 2 (HHW Events)

Category 2 (HHW Events) also includes all set up, materials, handling, transportation, and disposal services necessary to conduct such events at municipalities and other sites throughout the Commonwealth.

4.1.2.1 Additional Bidder Qualifications

In addition to the qualifications and specifications for all categories provided in RFR Section 3, Bidders in Category 2 must comply with the following provisions.

4.1.2.1.1 Additional Insurance Requirements

All Bidders and their intended Subcontractors must maintain third-party liability insurance. All Bidders and their intended Subcontractors involved in transporting hazardous waste must, at a minimum, maintain liability insurance required by the U.S. DOT (MCS-90). All Receiving and Destination Facilities must have at least the amounts of insurance required under federal regulations 40 CFR 264 or 265 subpart G or H.

4.1.2.1.2 Emergency Response Plans

All Contractors must maintain emergency response plans at all Receiving and Destination Facilities, if required by federal, state or local laws.

4.1.2.1.3 Closure Plan

All RCRA Receiving and Destination Facilities must have a closure plan with performance bond, surety bond or other financial assurance mechanisms (FAM) as required under 40 CFR 264 or 265 subpart G and H to provide funds for closure of the facility, post-closure and corrective action in the event that the owner/operator is unable or unwilling to do so.

4.1.2.1.4 Permits

The Bidder, Receiving Facilities and all applicable subcontractors must possess all federal, state and local permits and licenses necessary to provide the services offered in response to this RFR. Bidders must use the Facility Information File to submit this information.

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Documentation must include the dates and activities for which permits are valid, permit numbers, and the names and contact information of specific individuals at each regulatory agency (other than the

4.1.2.1.5 Measures for Non-RCRA Facilities

It is desirable that all Receiving and Destination Facilities not subject to RCRA regulations (e.g. recycling facilities) possess sufficient emergency response plans, financial assurance mechanisms for closure plans and/or insurance against sudden and non-sudden releases of hazardous materials. Bidders may submit a single document with a description of how such facilities meet any or all of the above provisions. The SST reserves the right to request additional documentation. The SST will determine whether submissions are sufficient to meet the needs of the Commonwealth. The SST will be the final decision-making body for making this determination.

4.1.2.1.6 Regulatory Compliance History

All Bidders and any Receiving and Destination Facilities they utilize must possess an acceptable history of regulatory compliance as determined by the SST. In their responses, all Bidders must disclose any past violation of any environmental law or regulation that occurred at any Receiving and Destination Facility in the previous 5 years. The list must include past as well as current/open violations. The SST will be the final decision-making body for making this determination.

4.1.2.1.7 Facility Audits

It is desirable that Bidders demonstrate that independent audits have been conducted at Receiving Facilities identified in their response. The SST reserves the right to request a copy of such audits prior to award or at any time during the contract term. Bidders may submit a single document stating whether independent audits have been conducted and, if yes, for which Receiving Facilities.

The SST reserves the right to conduct on-site audits and inspections of any designated Receiving Facilities at any time during the Contract term. Such visits will aid the Commonwealth in ensuring that proper procedures are being utilized at all facilities where wastes from the Commonwealth are handled. Upon the determination that significant violations are occurring at any facility, the SST may negotiate with the Contractor to rectify said violations, however, barring such rectification, the SST may elect to suspend or terminate a contract where such violations are considered to be significant and endangering either public health or the environment.

4.1.2.2 Service Specifications

The below sections include service specifications for Category 2.

4.1.2.2.1 Services and Materials Covered

Contractors must provide hazardous waste collection event services in accordance with 310 CMR 30.390, Provision for Accumulation of Household Hazardous Waste. Prior to each event, the Contractor must:

• Provide to the Eligible Entity, upon request, a method for estimating participation at one-day event, based on the Eligible Entity’s service area and population and previous experience with event collections;

• Establish agreement with the Eligible Entity to reserve date and required number of trained staff;

• Confirm with the Eligible Entity that the Department of Environmental Protection has been notified at least one month in advance of the event of the scheduled collection date;

• Provide to the Eligible Entity an Operations Plan at least 14 days prior to the event that covers the following issues:

➢ site preparation, including laying impervious ground cover, covering drains and posting No Smoking signs

➢ schedule

➢ waste packing protocol

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➢ testing of unknowns

➢ handling of unacceptable wastes

➢ equipment list

➢ record keeping and reporting

➢ site clean-up within 24 hours of the close of the event.

➢ emergency and safety procedures

• Name the sponsoring Eligible Entity as additionally insured; and,

• At least one week before the event, meet or consult with the sponsoring Eligible Entity to review the Operations Plan, including site layout, responsibilities and procedures.

It is assumed that the Eligible Entity will provide a map of the site to the Contractor upon establishing the agreement to reserve the event date as well as staff or volunteers to direct traffic and check identification at the event. Other specific functions can be negotiated on a case by case basis.

At the event, the Contractor must:

• Provide 40-hour OSHA trained site supervisor and number of staff specified in agreement, all of whom are 24-hour OSHA trained

• Prepare the site as indicated in the Operations Plan

• Provide all equipment and supplies necessary for carrying out the event collection

• Contractors must bring spill response materials, including a mercury spill kit, to all collection events

• Train all volunteers on emergency and evacuation procedure

• Accept all wastes described as acceptable in Appendix 3, Hazardous Waste Event Product Acceptance List. In addition to the types of waste listed as unacceptable in Appendix 3, Eligible Entities may choose not to accept certain other types of waste depending on their household hazardous waste programs and other factors.

• Accept generator status for waste collected, using Contractor’s EPA ID#

• Perform collection event duties, including off-loading cars, classifying, bulking and packing waste for transport, labeling shipping containers, preparing manifests and other shipping papers

• Identify and categorize unknown waste materials

• Accept waste from pre-registered VSQGs on a user-pay basis

• Consolidate waste to the maximum safe and legal extent possible

• Divert empty recyclable containers to the Eligible Entity’s recycling containers

• Divert solid waste to designated solid waste containers. It is desirable that Bidders offer a disposal service for such diverted solid waste. It is also desirable that Bidders offer liners for the Eligible Entity’s solid waste containers. If such services are offered, Bidders must use Category 2 Price Sheet, “Disposal Fees” section to provide pricing.

• Conduct emergency response procedures for all unforeseen releases, fires or other hazardous situations

• Transport hazardous waste to Receiving Facilities

• Clean up site to original condition

• Provide itemized invoice within 30 days of collection with a legible copy of the manifest with copies of packing lists for lab pack drums

• In the case where multiple Eligible Entities are participating, report the quantities of waste collected from each Eligible Entity

• Send certifications of recycling and destruction, as appropriate

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The Contractor may be asked to operate a permanent household hazardous waste collection center in accordance with 310 CMR 30.393. In this case, the Operations Plan required will be modified to include only those elements that have not been previously established by the Eligible Entity. If negotiated with the Eligible Entity, the Contractor must divert predetermined reusable materials to a specified reuse area. If the Contractor will accept generator status for the waste, the Contractor must apply for a site-specific EPA ID number and may be asked to perform weekly inspections of the stored waste.

The Contractor must provide for the ultimate disposition of wastes at approved…