Performance Work Statement - Hazardous and Non-Hazardous Waste .docx

Performance Work Statement Hazardous/Non-Hazardous Waste Disposal Rocky Mountain Regional VA Medical Center 1700 N Wheeling St, Aurora, CO 80045

1.0 DESCRIPTION OF SERVICES

1.1 INTRODUCTION:

a. Eastern Colorado Health Care System (ECHCS) is located at 1700 North Wheeling Street, Aurora CO 80045. ECHCS has a requirement for local, state and federally compliant removal and disposal of non-hazardous and hazardous wastes from the main campus (Rocky Mountain Regional VA Medical Center (RMRVAMC) in Aurora CO), facilities and Community Based Outpatient Clinics (CBOC) as noted in following paragraphs.

1.2 SCOPE:

a. The Contractor shall provide disposal of Resource Conservation and Recovery Act (RCRA) defined hazardous, non-hazardous and universal waste. Services, supplies and documentation shall comply with Colorado Department of Public Health and Environment (CDPHE) requirements. This will include newly constructed sites that may be included after contract award. Services include, but are not limited to, all labor, materials, tools, equipment, analysis, travel, transportation, documentation, waste treatment, disposal and support services required to categorize, package, transport, document and disposal of hazardous, non-hazardous, neutralized DEA controlled substances and universal wastes.

b. The Contractor, and Subcontractor, shall maintain current US EPA, US DOT and CDPHE required certifications and licenses for services under this contract.

c. The Contractor shall possess, and show required technical expertise and have the resources required in this solicitation to be considered for contract award.

d. The Contractor shall provide supplies and services for spills/releases of hazardous materials/wastes, and universal wastes on station.

e. Out-of-cycle pickups may be required.

f. Work will normally be performed between the hours of 8:00 AM and 4:00 PM local time, Monday through Friday, excluding National Holidays.

2.0 LICENSES AND PERMITS

a. The Contractor will provide and maintain all licenses and permits as current for operational personnel, trailers, containers, vehicles and other resources required for proper removal of hazardous and non-hazardous chemical waste in accordance with all applicable Federal, State, Municipal, and local regulations. If appropriate licenses are not maintained in accordance with Federal and State requirements, the VA may terminate the contract. The VA reserves the right to halt the work if the Contracting Officer and or COR determine work is being done in an unsafe/unhealthy manner. VA will not incur additional costs if work is halted for non-compliance.

b. Maintain current US DOT interstate waste transporter permit(s), permits and licenses for locations such as transfer stations; treatment, storage and disposal facilities (TSDFs); incineration, wastewater and sludge treatment facilities. The Contracting Officer reserves the right to inspect each of these facilities before approving its use or at any time.

c. All contractor technicians/chemists working on VA property shall have the required hazardous waste training required by regulation before working under this contract.

d. Contractor shall submit the following for consideration in their proposal:

(1) Contractor’s experience in hazardous waste packaging, transport, and disposal to include resumes, and certificates of current RCRA, HAZWOPER and US DOT training for personnel working on the contract.

(2) Details of contracts of similar nature and similar size, particularly for hospitals.

(3) Copy of waste minimization audits and examples of waste minimization opportunities realized.

(4) US EPA identification number(s) and certificate(s) of operation from the State of Colorado for each business entity operated and/or to be used by the Contractor for services under this contract.

(5) List of any violations for the past three (3) years.

(6) If there are no violations, contractor must certify none have occurred.

(7) Basic description of transportation services offered and capabilities.

(8) Fleet description of number, types, and ages of vehicles.

(9) Description of service and maintenance programs.

(10) Types of materials licensed to haul.

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

(12) DOT/CHP compliance record.

(13) Description of driver qualifications including training programs, and experience.

(14) Background checks performed on employees performing tasks under this contract.

(15) Prohibition of idling procedures.

(16) Standard Operating Procedures (SOPs) for compliant accomplishment of the work.

(17) Certificate for all appropriate insurance.

(18) Examples of waste profile, hazardous waste manifest, and land disposal restriction forms to be used under this contract which comply with State of Colorado regulations.

2.2 LOCATIONS AND ESTIMATED FREQUENCIES FOR WASTE PICK-UPS

ECHCS

Rocky Mountain Regional VAMC 1700 North Wheeling St Aurora CO 80045

(720) 908-7728

PFC Floyd K. Lindstrom Department of Veterans Affairs Clinic (CBOC) 3141 Centennial Boulevard Colorado Springs, CO 80907-4094

(720) 908-7728

ECHCS

PTSD Facility 1700 North Wheeling St Aurora CO 80045

(720) 908-7728

ECHCS

Pueblo VA Community Living Center 2600 Oakshire Lane Pueblo, CO 81001-5671

(720) 908-7728

ECHCS

PFC James Dunn VA Clinic 4776 Eagleridge Circle Pueblo, CO 81008

(720) 908-7728

ECHCS

Golden Outpatient Clinic 1020 Johnson Road Golden, CO 80401

(720) 908-7728

ECHCS

Valor Point Domiciliary 7350 W Eastman Place Lakewood, CO 80227

Quarterly

Ray Marsh

(720) 908-7728

ECHCS

Castle Rock CBOC 3753 Dacono Lane Castle Rock, CO 80109

(720) 908-7728

ECHCS

Jewell CBOC 14400 E Jewell Ave Aurora CO 80012

(720) 908-7728

ECHCS

Lt Col John W. Mosley CBOC 21825 East Quincy Ave.

Aurora, CO 80018

(720) 908-7728

2.3 SAMPLING, TESTING AND ANALYSIS:

a. Profile each waste with a COR approved and signed form.

b. Conduct an annual waste profile review for accuracy and completeness with the COR.

c. Obtain permission from the COR before conducting chemical analysis under the contract.

2.4 WASTE MANAGEMENT:

a. Additional wastes may be added at the discretion of the Contracting Officer. Since some wastes may fall under multiple contract line items due to RCRA characteristics, the Contractor may propose the most practical considerations with the concurrence of the Contracting Officer.

b. Compliantly consolidate all wastes in the manner most cost effective and beneficial to the Government. Supply compliant waste collection containers to replace those used for waste disposal. All shall have UN and DOT rating compatible with the wastes.

c. Properly containerize wastes to protect VA and Contractor personnel from exposures. The Contracting Officer, or COR, can issue a stop work order for unsafe practices.

d. Waste released during work under this contract must be cleaned up by the Contractor to the satisfaction of the COR. Typically, costs shall be covered under the contract unless the VA is at fault.

e. Ensure the attached 'Waste Schedule' is coordinated and presented within 30 days of the award. If adherence to the 'Waste Schedule' is not feasible, the Contractor must provide a written explanation and propose a new schedule within 24 hours. The Contractor shall have the resources to meet pick-up frequencies.

f. There are neither guaranteed maximum nor minimum pick-up amounts. Quantities are on a per pound basis with no guaranteed minimums.

g. In the event an out-of-cycle pick up is requested by the COR, schedule pick-ups within seven (7) calendar days. This notification must within 24 hours of identifying the delay.

h. Use only US EPA and CDPHE standard documentation for all services under this contract. The COR may request electronic copy of the documentation for review within forty-eight (48) hours before the pick-up. COR will submit an inventory prior to shipment. Contractor shall use a calibrated scale to accurately record the weight of each waste container on all shipping documents.

i. Obtain approval and signature for each manifest and land disposal restriction form from the COR before waste removal. Use of the EPA’s e-Manifest on-line system is mandatory. Contractor shall have designees holding a current account for data maintenance. Compliant hard copies for all prescribed pages shall be provided to COR within thirty (30) calendar days.

j. Before invoices are approved, provide written evidence for accomplishment of compliant disposal.

k. Waste shipments outside of this country are prohibited under this contract unless prior approval is received in writing from the Contracting Officer.

3.0 PERIOD OF PERFORMANCE

Service Contract Base + 4 Option Years

Base Year: October 5, 2025 – October 4, 2026 Option Year 1: October 5, 2026 – October 4, 2027 Option Year 2: October 5, 2027 – October 4, 2028 Option Year 3: October 5, 2028 – October 4, 2029 Option Year 4: October 5, 2029 – October 4, 2030

4.0 DELIVERABLES:

a. Duration of Contract:

(1) The Contractor shall provide all manifests, land bans, certificates of destruction, and documentation.

(2) The Contractor shall be required to attend quarterly program meetings with the COR and CO to address contract performance as needed. These meetings may take place virtually. Meetings may be held on a more frequent basis should contract deficiencies arise. The Contractor shall provide meeting minutes to the COR for review within seven (7) calendar days of the meeting.

5.0 CONTRACTOR FURNISHED MATERIALS AND EQUIPMENT:

a. The Contractor is responsible for providing all transportation, placarding, equipment, materials, and labor compliant with contract requirements.

6.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES:

a. The VA will not provide any equipment, fuel, personnel, or facilities to the Contractor. Should an emergency arise, only basic lifesaving and life support measures are available.

b. Electricity and water are provided for use as may be required for the work under the contract.

7.0 QUALITY ASSURANCE AND SURVEILLANCE PLAN:

Sampling, Testing and Analysis

Waste Management, Removal and Disposal

Notice of violations from State associated with accumulation time limits

Validated facility complaints

Notice of violations from State associated with accumulation time limits

Waste Management, Removal and Disposal

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

Direct observation and random inspections

External audits/ inspections

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

External audits/ inspections of SAAs and records

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 VA records.

2. does not include personal materials.

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

4. may include deliverables and documentation associated with deliverables.

C. Requirements

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

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

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created 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. [Agency] 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 [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA. 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. 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 VA 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. 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 VA 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 [Agency] policy.

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

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

10. The VA 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 VA 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 [Agency]-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. Flowdown 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.