P09 SOW Universal Waste FINAL.docx

?.## PERFORMANCE WORK STATEMENT

A. GENERAL INFORMATION

1. Title of Project: Universal Waste Pick-Up and Disposal

2. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this Statement of Work (SOW), except as may otherwise be specified.

The purpose of this term contract is to establish Universal Waste pick-up and disposal for the Department of Veterans Affairs - Northern California Health Care System (VANCHCS) facilities as mandated by the Resource Recovery Act and the California Environmental Protection Agency. This contract is for the convenience of VANCHCS. Prior authorization is required from the Contracting Officer (CO) or Designee before any work is to be initiated under this contract. Universal waste management services shall include; storage, transportation and disposal/recycling of universal waste. Sites included under this contract will be at nine VANCHCS Medical Centers and Outpatient Clinics (OPC) located in: Mather, Redding, Chico, Yuba City, Auburn, McClellan, Martinez, Mare Island, Stockton, Sonora and Modesto. Full addresses are listed below.

3. Background: Universal waste includes those types of hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes. Federal and State regulations identify universal wastes and provide rules for handling, recycling, and disposal. The regulations, called the “Universal Waste Rule,” are in the California Code of Regulations, Title 22, Division 4.5, Chapter 23 (hereafter referred to as “Title 22”). All waste defined as universal waste must be collected and recycled per this regulation.

4. Performance Period: Work is based on volume generated by the facility; volume will vary depending on the individual site and generation of universal waste. The work shall begin within 30 calendar days of award, unless otherwise specified. If any work is done at the government site, it shall not take place on Federal holidays or weekends unless directed by the Contracting Officer OR Contracting Officer’s Representative (COR).

5. VA Observed Federal Holidays:

Christmas Day

Any day designated by the President of the United States as a Federal Holiday.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday.

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the Contracting Officer or designee has conducted a kickoff meeting at the Mather site.

C. GENERAL REQUIREMENTS

1. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, and together with associated sub milestone dates. The contractor's subtask structure shall be reflected in the technical proposal and detailed work plan.

2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

3. Where a written deliverable is required by the COR in draft form, the VA will complete their review of the draft deliverable within 10 calendar days from date of receipt. The contractor shall have 10 calendar days to deliver the final deliverable from date of receipt of the government’s comments.

4. Contractor will provide US DOT approved waste containers at to the government. Contractor will assist VANCHCS in the proper container selection, upon request from the COR. VANCHCS will strive to deliver to the Contractor universal waste in such a way that incompatibles are not stored together for disposal. However, it shall be the Contractor’s responsibility to inspect the waste to ensure proper segregation.

5. Contractor, if requested, will provide separation assistance if directed by the COR.

6. Contractor, upon request, will provide monthly or quarterly inspections of universal waste accumulation storage lockers or rooms. Inspections will include inspection of containers and preparing a written inventory of types and amounts of universal waste at specified sites. If requested, Contractor will provide a checklist to the COR.

7. Contractor will provide a properly completed Bill of Lading for each shipment of universal waste that is taken for shipment from any VANCHCS property. A scanned copy of the Bill of Lading will be emailed to the COR within 3 business days of the pick-up.

8. Contractor will comply with all applicable regulations including, but not limited to;

a. California Code of Regulations, Title 22, Division 4.5, chapter 23.

b. US DOT transportation regulations as listed in 49 CFR, Parts 100-180.

9. All hazardous materials (i.e. universal waste) shall be properly classified, described, packaged, marked, labeled, and in condition for shipment as required by Federal and State transportation regulations. The vehicle shall be properly licensed and placarded.

10. Contractor upon request will provide spill clean-up, containers, and disposal in accordance with Federal, State, and Local Regulations.

11. The contractor is responsible for performing the specific requirements under “Pre-Transportation Function” found in 49 CFR 171.8 as required to assure the safe transportation of a hazardous material. This includes proper shipping documents, packaging, labeling, placarding, inspection and other requirements.

12. The primary contractor must demonstrate that the contract manager has at least 1 year of experience with universal waste management. Sub-Contractors have the same requirement. The names, telephone numbers and addresses of the contract manager and sub-contractor managers shall be provided. At least 5 verifiable references shall be provided the contractor and each sub-contractor. A resume must be provided along with copies of applicable training certificates. A summary of the contractor’s and sub-contractors’ Notices of Violations for universal waste or hazardous waste infractions from inspection agencies for the prior 3 years shall be submitted. That summary shall include the violations and corrective actions. The use of any sub-contractors must be pre-approved by the CO and the COR. This information must be provided to the COR as part of the bid proposal, and annually thereafter in the first month of each optional year.

13. Crew members must have at least 2 months of experience with universal waste packaging, handling and disposal. The names of the initial onsite crew members performing the site work shall be provided. Proof of current Hazardous Waste and Universal Waste Training, and a resume must be provided. This information must be provided to the COR as part of the bid proposal, and annually thereafter in the first month of each optional year.

14. The bid proposal must include the names and addresses of all sub-contractors, including the proposed Disposal Facilities. The use of any sub-contractors must be pre-approved by the CO and the COR. Each Disposal Facility must be within 150 miles of Mather, California, unless waived by the COR. The contractor shall submit the names and Environmental Protection Agency (EPA) ID numbers to the COR of all proposed Disposal Facilities prior to using any on this contract. The COR shall be the final approval authority to use any proposed Disposal Facility. The contractor shall provide the COR all requested information deemed necessary by the COR to evaluate a Disposal Facility. At a minimum, it will include a summary of the Disposal Facility’s capabilities, copies of their permits, contact information, and a summary of the Notices of Violations from inspection agencies for the prior 3 years. This information must be provided to the COR as part of the bid proposal, and annually thereafter in the first month of each optional year.

15. All vehicles used for the transportation of hazardous waste and materials shall be permitted and licensed in accordance with all applicable Federal and State regulations. Copies will be provided to the COR after the contract is awarded and annually thereafter.

16. The contractor shall comply with all applicable hazardous and universal waste regulations as it applies to work performed under this contract. If the contractor’s, including any of its subcontractors, failure to comply with any applicable regulation results in a Notice of Violation (NOV) to VANCHCS from a Federal, State, or Local regulatory agency the contractor shall be liable for all costs associated with the NOV. This includes any fines and other penalties assessed to VANCHCS, and clean-up costs that are required to be performed. A reduction in the payment of task orders may occur to off-set these costs. If this occurs, the contractor shall provide copies of related documentation to the COR within 5 days of the demand. The contractor shall not be held liable for any violations committed solely by VANCHCS. The intent of this clause is to help ensure that universal waste is properly packaged, labeled and transported to an approved Disposal Facility in a manner that meets the requirements of all applicable regulations.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW.

Task One: Contractor will pick-up universal waste at designated points of storage throughout each VANCHCS location as specified by the COR. Waste must be packaged in Department of Transportation (DOT) approved containers. Labeling shall comply with Title 22. In addition, waste must be packaged to prevent accidental leakage or spills. Contractor will work with the COR for scheduled, or as needed, pickups. Contractor will replace the containers removed from each collection point.

Estimated Annual Universal Waste From VANCHCS Sites (pounds)

(dry solid) Batteries (lead acid) Misc. Waste

Expected Pick-Up Frequencies By Site:

Addresses

Auburn, CA 95603

Task Two: After pick-up, the contractor will transport universal waste to a disposal site that is licensed in accordance with the requirements of the State of California and Title 22. The pick-up and disposal will occur during the same business day. The contractor shall use only Disposal Facilities approved for this contract by the COR.

Deliverable One: A detailed work plan and initial briefing. The Contractor shall provide a detailed work plan and briefing for the VA project team that presents the contractor's plan for completing the contract before work on this contract begins. The contractor's plan shall be responsive with this SOW and describe, in further detail, the approach to be used for each aspect of the contract as defined in the technical proposal. Contractor will have a method of tracking disposition of waste loads within 24 hours upon request from the COR. Contractor will provide certification of disposal for each container monthly to the COR. Contractor will provide waste spill clean-up at the storage locations, if requested by the COR, including broken fluorescent tubes.

Each of the sites will be included in the deliverable. At a minimum, it shall also include type of truck, type(s) of vehicle licenses, operator training, disposal site(s), and packaging protocol.

Deliverable Two: Contractor will provide the number and type of DOT approved collection containers at each site based upon instructions from the COR. Minimum inventory levels will be set by the COR for each site. Typical containers are 2-gallon and 5-gallon plastic buckets with sealable lids.

Deliverable Three: Contractor will provide an annual report of Universal Waste generated at each site with the data and format specified by the COR. Reports will be provided to the COR within 15 calendar days of the end of each Federal fiscal quarter. It shall be a spreadsheet that can be easily sorted and summed by site and waste type. The report shall be approved by the COR.

Deliverable Four: Contractor will provide a copy of the completed Bill of Lading for each shipment of waste leaving each VANCHCS property. Scanned copies will be emailed to the COR within 3 business days of each pick-up.

Deliverable Five: Contractor will provide documentation of proper disposal of all waste leaving any VANCHCS property. Acceptable documentation is a Certificate of Destruction or a Bill of Lading signed by the disposal facility.

E. EVALUATED OPTIONAL TASKS AND ASSOCIATED DELIVERABLES

1. Contractor will not be allowed to miss scheduled pick-ups without providing notice to the COR at least 3 full business days prior to the pick-up and scheduling an alternate date that is agreed to by the COR.

2. Contractor will not be allowed to miss required submissions of reports by more than 5 days of established deadline.

3. If a Certificate of Disposal is provided by the disposal site, Contractor will submit it to the COR within 2 weeks of each Universal Waste pickup.

F. SCHEDULE FOR DELIVERABLES

1. Unless otherwise specified, the number of draft copies and the number of final copies shall be the same.

2. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the COR, including a firm commitment of when the work shall be completed. This notice to the COR shall cite the reasons for the delay, and the impact on the overall project. The Contracting Officer or COR will then review the facts and issue a response in accordance with applicable regulations.

G. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

H. REPORTING REQUIREMENTS

The contractor shall provide the COR progress reports identifying opportunities for improvement, if any, as they are identified by the contractor.

I. TRAVEL

Travel may be needed for the kick-off and closing meetings, if held.

J. GOVERNMENT RESPONSIBILITIES

1. Provide wastestream types and estimated annual amounts for all waste offered for disposal.

2. Provide Contractor with the distribution email list for disposal documents and reports.

3. Provide Contractor with a list of site storage points.

4. Provide Contractor with a list of Points of Contact, and possible alternates, who may sign the shipping documents at each site.

5. Provide Contractor with a permanent contractor identification badge, if needed.

6. Provide all waste in a condition that is ready for transportation.

7. Provide Contractor with a schedule of dates to pick up waste at the sites.

K. CONFIDENTIALITY AND NONDISCLOSURE

1. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by VA which has been generated by the contractor in the performance of this contract are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer or COR at the conclusion of the contract.

2. The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the Contracting Officer for response.

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

L. COMPLIANCE AND BUSINESS INTEGRITY (CBI) TRAINING:

1. AWARENESS TRAINING: Contractor employees shall complete initial compliance awareness training within thirty (30) days of commencing work under this contract as well as complete annual compliance awareness refresher training. At the minimum, CBI awareness training will include the following topics: 1) the revenue cycle, 2) seven elements of an effective compliance program, 3) definition of high-risk areas, and 4) definition of a compliance concerns and how to address a compliance concern. This requirement can be fulfilled by completing the training module available via the following Internet site: http://www.visn21.va.gov/CBI.asp.

2. REMEDIAL TRAINING: When notified, contract employees must complete remedial training and education to address any detected compliance exceptions.

3. PROOF OF TRAINING: Contract employees are responsible for submitting proof of awareness and remedial training completed to the Contracting Officer’s Technical Representative (COR) for this contract. The COR will retain proof of training in accordance with applicable Records Control Schedule.

M. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

Upon contract award, all key personnel shall be subject to the appropriate type of background investigation or screening per VA/VHA policy as delineated below and must receive a favorable adjudication from the local VA facility or VA Security and Investigations Center (SIC) depending on the type of investigation/screening required. This requirement is also applicable to all subcontract personnel. If the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

Contract personnel who previously received a favorable adjudication as a result of a Government background investigation or screening may be exempt from this contract requirement provided that they can provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer. Proof of previous adjudication is subject to verification. Some positions maybe subject to periodic re-investigation/screening.

Position Risk/Sensitivity – For all positions required under this contract, the position risk/sensitivity has been designated as: Low Risk/Non-Sensitive.

Background Investigation/Screening – Since it is anticipated that the Contractor or contract personnel will be providing non-health care related services at a VA facility(s) under a single contract or series of contracts and WILL NOT have access to VA information systems, the background investigation/screening commensurate with the requirements of this contract is: Background Screening – Includes Fingerprinting, Verification of Identity, and Credentials/Employment History, if Necessary.

Contractor Responsibilities

The Contractor shall prescreen all personnel to ensure they are able to read, write, speak, and understand the English language.

Within five (5) business days of contract award, the Contractor shall submit or have their contract personnel provide any information or documentation required to conduct the background screening as requested by the local VA facility or VA Contracting Officer.

Once the items requested in paragraph 3. b. above are received, VA will pre-screen these items for completeness, and forward them to the appropriate party(s) in order to initiate the required background investigation(s) or screening(s) within fourteen (14) calendar days of appointment. Only after the VA Contracting Officer notifies the Contractor that the background investigation(s) or screening(s) was initiated shall the Contractor be authorized to provide services under the contract. As previously stated, if the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the contract.

Failure to comply with these Contractor personnel security requirements may result in termination of the contract for default.

Government Responsibilities

The Contracting Officer’s Technical Representative (COR) will be responsible for insuring the Contractor personnel security requirements described herein are fulfilled.

Upon receipt, the local VA facility or VA SIC, depending on the type of investigation/screening required, will review the accuracy of the items requested in paragraph 3. b. above and forward these items to OPM to conduct their portion of the background investigation or screening, as applicable.

The requesting VA facility will pay for any portion of the investigation or screening conducted by OPM, if any.

Depending on the type of investigation/screening required, the local VA facility or VA SIC will notify the VA Contracting Officer after adjudicating the results of the background investigation or screening.

The COR will ensure that the required investigations or screening have been completed or are in the process of being requested.

Personnel Identity Verification (PIV) of Contractor Personnel

In accordance with FAR 52.204-9 and VA Directive 0735 – Personal Identity Verification of Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide up to two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card. See the Accepted Identification Documentation List provided below. The COR, or designee, will be responsible for sponsoring each contract person that requires a VA-issued identification card.

PIV ID Proofing Criteria

The following criteria must be met by all VA employees, contractors, and affiliates prior to being issued a PIV card or Temporary Identity Badge.

Table of Accepted Identification (From Form I-9) Last Update: June 5, 2006

1. Two forms of identification are required from the list of acceptable documents. At least one ID must be a state or federal government issued picture ID. Either of the following is accepted:

a. Two forms of identification from the left column (Federal or State Government issued picture ID).

b. One form of identification from the left column (Federal or State Government issued picture ID) and one form from the right column (Non-Picture ID or Acceptable Picture ID not issued by Federal or State Government).

2. Any form of identification used for ID proofing may not be expired.

3. Hand written or photocopied documents are not accepted.

4. An ID issued before a legal name change (e.g. birth certificate or driver's license) can be presented as one form of ID if a legal document (e.g. marriage certificate/license or a court order) is also presented linking the previous name to the current legal name. The linking document has to display both the former and current legal names. Both documents must be valid and not expired. For example, a married woman may use both a certified copy of her birth certificate and marriage license as one form of ID as long as the marriage license has to display both her maiden name and married name.

5. The Applicant’s name listed on the VA Form 0711, Request for One-VA Identification Card, must match the name on one of the IDs presented by the Applicant.

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 VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA 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, the Contractor shall maintain all records created for Government use or created in the course of 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. VHA 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 VHA or destroyed except 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, the Contractor must report to VHA. The agency 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 [contract vehicle]. 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 VHA 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 [contract vehicle]. 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 VHA 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 VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is 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 VHA 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 VHA 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.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] 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 [contract vehicle], 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.

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