PWS Hazardous Waste Disposal .docx

Performance Work Statement Hazardous Waste Disposal VA Palo Alto Health Care System

1. General Information

1.1 The contractor will provide hazardous waste removal services for the VA Palo Alto Health Care System (VAPAHCS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. This is a turnkey contract where all labor, material, supplies, permits, equipment, transportation, fuel, and other costs must be included in the CLIN (Contract Line-Item Number) price of the hazardous waste.

1.1.1 The contractor will work with the COR to develop and adhere to a schedule. Schedule may be as often as monthly and as requested.

1.1.2 The Contractor will visually verify waste streams at least 3 days prior to scheduled pickup date.

1.1.3 The Contractor will properly classify, label, and identify waste prior to shipping/pickup date.

1.1.4 The contractor will create waste profiles for all waste streams and create new waste streams as required prior to shipping/pickup date.

1.1.5 The contractor will create manifests and all other required shipping documents prior to shipping/pickup date.

1.1.6 For off schedule requests, the contractor will provide hazardous waste removal service within 1 week of request.

1.2 The contractor will provide Spill Response Services 24 hours a day, 7 days a week, 365 days a year. The contractor shall respond within two (2) hours to spill/release incidents at any VA Palo Alto facility (Paragraph 1.5). The contractor must be able to identify spilled product, conduct spill mitigation activities (e.g., containment, diversion from storm drains), neutralize spilled product, provide expert advice concerning products and their potential impacts, immediately undertake spill cleanup activities, handle, and dispose of spilled product and residuals, and prepare appropriate documentation on behalf of the facility. The contractor will ensure their spill procedures integrate with VA Palo Alto SPCC and contingency plans.

1.2.1 If Contractor fails to respond within two (2) hours, VA reserves the right to obtain the required service from another source capable of full performance of these contract requirements, and to charge the contractor with any excess cost resulting from the alternative service.

1.2.2 The Contractor or designee shall be available to receive the notification twenty-four-hours a day, seven days a week, 365 days a year. Upon receipt of notification, the Contractor shall have an appropriate size crew on scene within 2 hours.

1.2.3 The contractor will have a well-supplied response crew in place within 2 hours of notification.

1.2.4 The response crew will be led by a supervisor with financial authority to obtain additional response equipment and supplies.

1.2.5 The response crew will be led by a supervisor with financial authority to assign additional personnel and/or hire subcontractors.

1.2.6 The response crew will support the HAZMAT incident until relieved by another crew or the COR deems the scene is stable enough to end work.

1.2.7 The response crew supervisor will develop response/closure plans and submit them to government agencies upon request. Plans will include sampling and verification.

1.2.8 Spill waste will be manifested and shipped separately from normal facility waste. Spill waste will not be commingled with normal facility waste.

1.2.9 The “hazmat on scene incident commander” will make every effort to provide instructions thru the contractors’ on scene supervisor however, during initial emergency response, contractor personnel may be asked to perform tasks directly by the “hazmat on scene incident commander”. Normally the “hazmat on scene incident commander” will be the VA GEMS Program Manager or a local Fire Department representative.

1.2.10 This contract will not include the disposal of radiological, infectious, or bio-hazardous waste, but may include small qualities for dual waste (i.e., infectious, and hazardous waste). The Contractor shall provide all labor, supervision, materials, equipment, sanitized, disinfected, and labeled containers, transportation, facilities, supplies, and waste manifests. Contactor shall collect, analyze, prepare, package, label, remove, transport, store, treat and dispose of Hazardous waste under the resulting contract in accordance with the terms and conditions, specifications and in accordance with the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), in accordance with all Federal, State, and Local (U.S. Environmental Protection Agency – EPA, Department of Transportation) laws, policies and guidelines, and VA infectious medical waste requirement.

1.3 Contractor will provide 2 employees based on CLIN 9999.

1.3.1 Employees will be screened and badged by VA Police.

1.3.2 The contractor will always have at least 2 employees pre-screened, badged and available to perform waste collection directly from accumulation areas inside facilities within 48 hours of request.

1.3.3 Contractor employees will bulk collected wastes in the Central Accumulation Point.

1.3.4 Contractor employees will wear VA issued ID badges at all times on any facility.

1.4 The Contractor shall maintain all necessary hazardous waste permits and licenses for the disposal of and treatment of such waste. The Contractor shall also have an assigned U.S. Environmental Protection Agency (EPA) authorization and identification number, necessary Department of Transportation permits, and insurance prior to transport and/or disposal of subject waste. If contractor requires additional information, they may contact U.S, EPA regional office.

1.5 Period of Performance:

6 month bridge: August 15, 2026 – February 14, 2027

1.6 Place of Performance:

Divisions

Palo Alto Division 3801 Miranda Ave. MC-SAFE Palo Alto, CA 94304 Livermore Division 4951 Arroyo Rd.

Livermore, CA 94550 Menlo Park Division 795 Willow Rd.

Menlo Park, CA 94025

Community Based Outpatient Clinic (send all CBOCS’ manifests to Palo Alto Division)

Capitola CBOC 1350 41st Ave., Ste 102 Capitola, CA 95010 Monterey CBOC 201 9th St.

Marina, CA 93933 Fremont CBOC 39199 Liberty Street Fremont, CA 94538

San Jose CBOC 5855 Silver Creek Valley Place San Jose, CA 95138

1.7 Hours of Operation: Twenty-four-hour seven days a week, 365 days a year.

1.7 Type of Contract: The government will award an Indefinite-Delivery, Indefinite Quantity (IDIQ) contract.

1.8 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with FAAR Clause 852.232-72 Electronic Submission of Payment Requests.

1.8.1 VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

2. Definitions & Acronyms

2.1 Definitions:

Asbestos Waste: As defined in 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos.

Central accumulation area or Central storage area: Central accumulation or storage area means any on-site hazardous waste accumulation area with hazardous waste accumulating in unit’s subject to either §262.16 (for small quantity generators) or §262.17 for large quantity generators.

Controlled Substances: Waste, which is generated from pharmaceuticals, which is subject to the Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act.

Extreme and Acute Hazardous Waste: This includes all materials also identified by the Resource Conservation and Recovery Act (RCRA) enacted in 1976, 40 CFR 260.10, and the State of California Health and Safety Code, Section 25115. This waste includes toxic corrosive acids, gases, chemicals, and solids which may be explosive, flammable, or highly corrosive and could cause disease or serious injury to human health.

General Waste: Waste (non-infectious, non-hazardous) which is considered not to harbor any viable pathogens nor hazardous materials. This waste may be placed into clear plastic liners and can be disposed of in landfills and/or incinerated. Including medical waste that is rendered non-factious non-infectious by autoclaving or using Liquid Treatment System (LTS).

Hazardous Waste: Any waste material or mixture of waste which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, if such a waste or mixture of waste may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. Hazardous waste includes extremely hazardous material. This also includes all materials identified by the Resource Conservation and Recovery Act of 1976 (RCRA); Subtitle C, 40 CFR, Parts 260-265 and the State of California and Safety Code, Section 25117.

Universal Waste: A category of hazardous waste that is widely produced by households and many different types of businesses. Universal wastes include televisions, computers and other electronic devices as well as batteries, fluorescent lamps, mercury thermostats, and other mercury containing equipment, among others. The hazardous waste regulations (Cal. Code Regs, tit. 22, div. 4.5, Ch. 11 section 66261.9) identify seven categories of hazardous wastes that can be managed as universal wastes. Any unwanted item that falls within one of these waste streams can be handled, transported, and recycled following the simple requirements set forth in the universal waste regulations (UWR) (Cal. Code Regs, tit. 22, div. 4.5, Ch. 23)

Mixed Waste: Mixtures of medical and non-medical waste. Mixed waste is medical waste, except for all the following:

(a) Mixed Medical waste and hazardous waste is hazardous waste and is subject to regulation as specified in the statutes and regulations applicable to hazardous waste.

(b) Mixed Medical waste and radioactive waste is radioactive waste and is subject to regulation as specified in the statutes and regulations applicable to radioactive waste.

(c) Mixed Medical waste, hazardous waste, and radioactive waste is radioactive mixed waste and is subject to regulation as specified in the statutes and regulations applicable to hazardous waste and radioactive waste.

Satellite Accumulation Area (SAA): is an area at or near any point of generation where hazardous waste initially accumulates and that is under the control of the operator of the process generating the waste.

Special Medical Waste: As defined in the Medical Waste Management Act.

Clean-up operation means an operation where hazardous substances are removed, contained, incinerated, neutralized, stabilized, cleared up, or in any other manner processed or handled with the ultimate goal of making the site safer for people or the environment. 3.0.11 Decontamination means the removal of hazardous substances from employees and their equipment to the extent necessary to preclude the occurrence of foreseeable adverse health effects.

Emergency response or responding to emergencies: A response effort by contractor in the immediate release area or by other designated responders (i.e., mutual aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to accidental releases of hazardous substances where the substance can’t be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel are emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.

Facility: Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, storage container, motor vehicle, rolling stock, or aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any water-borne vessel.

Hazardous materials response (HAZMAT) team: An organized group of employees, designated by the employer, who are expected to perform work to handle and control actual or potential leaks or spills of hazardous substances requiring possible close approach to the substance. The team members perform responses to releases or potential releases of hazardous substances for the purpose of control or stabilization of the incident. A HAZMAT team is not a fire brigade nor is a typical fire brigade a HAZMAT team. A HAZMAT team, however, may be a separate component of a fire brigade or fire department.

Hazardous substance: Any substance designated or listed under (A) through (C) of this definition, exposure to which results or may result in adverse effects on the health or safety of employees:

[A] Any substance defined under section 103(14) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (42 U.S.C. 9601).

[B] Any biologic agent and other disease causing agent which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any person, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such persons or their offspring.

[C] Any substance listed by the U.S. Department of Transportation as hazardous materials under 49 CFR 172.101 and appendices; and

Health hazard: A chemical or a pathogen where acute or chronic health effects may occur in exposed employees. It also includes stress due to temperature extremes. The term health hazard includes chemicals that are classified in accordance with the Hazard Communication Standard, 29 CFR 1910.1200, as posing one of the following hazardous effects: Acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); aspiration toxicity or simple asphyxiant. (See Appendix A to § 1910.1200—Health Hazard Criteria (Mandatory) for the criteria for determining whether a chemical is classified as a health hazard.)

IDLH or immediately dangerous to life or health: An atmospheric concentration of any toxic, corrosive or asphyxiant substance that poses an immediate threat to life or would interfere with an individual's ability to escape from a dangerous atmosphere.

Oxygen deficiency: Concentration of oxygen by volume below which atmosphere supplying respiratory protection must be provided. It exists in atmospheres where the percentage of oxygen by volume is less than 19.5 percent oxygen.

Permissible exposure limit: The exposure, inhalation or dermal permissible exposure limit specified in 29 CFR Part 1910, Subparts G and Z. 3.0.20 Published exposure level means the exposure limits published in "NIOSH Recommendations for Occupational Health Standards" dated 1986, which is incorporated by reference as specified in § 1910.6, or if none is specified, the exposure limits published in the standards specified by the American Conference of Governmental Industrial Hygienists in their publication "Threshold Limit Values and Biological Exposure Indices for 1987-88" dated 1987, which is incorporated by reference as specified in § 1910.6.

Post emergency response: That portion of an emergency response performed after the immediate threat of a release has been stabilized or eliminated and clean-up of the site has begun. If post emergency response is performed by an employer's own employees who were part of the initial emergency response, it is part of the initial response and not post emergency response. However, if a group of an employer's own employees, separate from the group providing initial response, performs the clean-up operation, then the separate group of employees would be performing post-emergency response and subject to paragraph (q)(11) of this section.

Qualified person: A person with specific training, knowledge, and experience in the area for which the person has the responsibility and the authority to control. This will normally be the “hazmat on scene incident commander”

Site safety and health supervisor: The individual located on a hazardous waste site who is responsible to the employer and has the authority and knowledge necessary to implement the site safety and health plan and verify compliance with applicable safety and health requirements.

2.2 Acronyms

3. Laws and Guidance

3.1 Contractor will follow all federal, state, and local laws including but not limited to:

3.2 Hazardous Waste Operations and Emergency Response shall be performed IAW with 29 CFR 1910.120 to include all appendixes.

3.3 Waste removal, transportation, storage, treatment, and disposal shall be performed IAW with Title 40, Code of Federal Regulations (40 CFR), Title 22, California Code of Regulations (22 CCR), and Title 49, Code of Federal Regulations (49 CFR).

3.4 OSHA (Occupational Safety and Health Administration) 29 CFR (Code of Federal Regulations) 1910 Subpart H.

3.5 California Health and Safety Code, Division 20, Chapter 20, Chapter 6.5, Hazardous Waste Control.

3.6 California Administrative Code, Title 22, Division 4, Environmental Health Standards for Management of Hazardous Waste.

3.7 California Code of Regulations, Title 22, Sections 46027 and 25160.

3.8 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos, and the Bay Area Air Quality Management Rules Subpart M.

4. Contractor Furnished Items

4.1 The Contractor shall provide a turnkey service for hazardous waste removal including but not limited to equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with the contract and all applicable laws and regulations. The contractor shall provide all items necessary to perform the tasks specified in this Performance Work Statement (PWS).

4.2 All costs associated with this contract must be included in each unit price of the Contract Line-Item Number (CLIN). Items that are not on the CLIN will not be paid.

4.3 Contractor may need to provide the following equipment, but not limited to, Suction Trucks, Pumping Equipment, Container Trucks, Portable Scales - weighing drums and containers, Sampling Equipment, Cleaning Equipment, Incidental Spill Supplies, Forklifts, Collection Containers with appropriate Identifying Labels and Markings, and United Nation (UN) and Department of Transportation (DOT) approved (Drums, Carboys, Buckets, and Fiber Drums).

4.4 Waste Containers:

4.4.1 If Contractor uses government provided containers the integrity of the containers is not guaranteed. VA containers can range in types and sizes; normally commercial packaging sizes, ranging from small bottles/cans to 55- gallon drums. Contractor must replace government items with like items if used.

4.4.2 All containers used for shipping shall meet Department of Transportation (DOT) UN specification for performance-oriented packaging. The Contractor is to perform repackaging, as necessary for proper shipping.

4.4.3 The contractor will furnish all required materials to properly contain material from leaking by repackaging material into an oversize container

4.4.4 The Contractor shall provide and use the appropriate waste identification labels or markers on the waste containers. The Contractor shall completely label all tags IAW US EPA and DOT requirements.

4.4.5 The Contractor shall provide the appropriate size waste containers for each waste stream as needed.

5. Specific Tasks

5.1 General

5.1.1 The Contractor shall provide a turnkey service for hazardous waste removal, emergency response to HAZMAT incidents (spills, releases) including but not limited to conducting inventory, sorting, bulking, transporting, labeling, cleaning, submitting documents, and generating reports.

5.1.2 Contractor must be able to perform all requirements of this contract within 15 calendar days of award.

5.1.3 In accordance with local, state, federal, and agency regulations, Contractor’s operating procedures shall provide for the collection - categorizing, handling, removal, transporting and disposal of:

· Hazardous Waste

· Asbestos Waste

· Extreme and Acute Hazardous Waste

· Pharmaceutical Waste

· Universal Waste

· Mixed Waste (Medical Waste and Hazardous Waste)

· Contractor to provide GEMS Program Managers with a completed Waste Analysis Form

· Waste Profiles

· Waste sampling results (at least once per waste stream, annually and within 30 days of request)

5.1.4 Only authorized government representatives will sign the final official forms.

5.2 Communication:

5.2.1 Contractor or designee shall be available to receive requests 24 hours a day, 7 days a week, 365 days in the year. Upon receipt of notification, the Contractor shall respond within 24 hours via email to all designated CORs. Contractor will provide a list of Points of Contact(s) that will include Names, Phone Numbers and email addresses. List shall be updated when personnel changes occur.

5.2.2 Notify COR of any emergency issues or errors in transportation, immediately upon observing problems.

5.3 Compliance Laws and Regulations

5.3.1 Waste removal, transportation, storage, treatment, and disposal shall be performed in accordance with all applicable federal, state, local laws and regulations and VA policies.

5.3.2 The contractor shall provide all appropriate collection containers at no cost to the government. Waste Containers, Identifying Labels, and Markings shall meet applicable safety codes and regulatory requirements. Cleaning and decontamination of containers shall not be performed on Government property. Contractor shall provide manufacture’s specification and descriptive literature for approval. Waste containers shall be United Nation (UN) and Department of Transportation (DOT) approved.

5.3.3 EPA Identification (ID) Number. The Contractor shall provide a current copy of the US EPA ID number or the DTSC (California ID Number) which identifies each transporter or treatment facility of hazardous waste on the hazardous waste manifests and other paperwork. The ID number enables regulators and the generator to track the waste from its origin to final disposal. Hazardous waste transporters and permitted treatment, storage and disposal facilities must have ID numbers.

5.3.4 The Contractor shall prepare, complete, and return signed copies of shipping manifests as required by 40 CFR, state, and local requirements and provide a readable photocopy of the signed manifest to the COR. If a prior visit is needed to perform these tasks, the Contractor shall coordinate with the COR.

5.3.5 A copy of the completed manifest shall be submitted within 15 days to the COR as part of the contractor’s invoice. If invoice is not available within 15 days, a copy of the manifest must be made available within the 15 days with an invoice to follow.

5.3.6 The Contractor shall prepare a Land Disposal Restriction Notification Form for each hazardous waste manifest.

5.3.7 Prior to transporting a hazardous waste shipment from any VA Palo Alto Health Care System facility, the contractor shall provide the COR, located at the VA Palo Alto, a pristine, crisp, clean, readable copy of the original top sheet of the hazardous waste manifest (if necessary, via PDF or a picture) and all other required documents, including but not limited to; land disposal restrictions, work orders, bill of lading, lab pack inventory sheets and a tracking document for each shipment. If the COR is not at the facility shipping the waste, the contractor will obtain approval of the COR or the alternate COR before leaving with the shipment. This ensures the smooth transfer of shipping documents.

5.3.8 Treatment Storage and Disposal Facilities (TSDF). The Contractor is responsible for only using TSDFs with all the required permits, in good standing, no major violations, and is authorized to receive the hazardous waste. Upon request from COR, Contractor must provide documents to prove the TSDF’s status. Contractor shall provide the COR with a list of disposal facilities that will be used in conjunction with this contract. This list must include the name of the company, address, city, and state, zip code, telephone number, EPA ID number, and disposal methods.

5.3.9 Contractors should refer to the participating VA Palo Alto Health Care System preferred disposal hierarchy when determining disposition of waste. This hierarchy consists of

a) recycling

b) fuel blending/ energy recovery

c) incineration (Part B permitted incinerators)

d) treatment (neutralization, stabilization) and/or landfill.

5.4 Contractor Qualifications and Training:

5.4.1 Contractor shall be regularly and continuously engaged in the business of providing services to RCRA hazardous waste customers of similar size and complexity as the VA Palo Alto Health Care System for at least five (5) years. Experience shall have been gained within the last seven (5) years. A summary of experience shall be submitted in the proposal including the specific facilities.

5.4.2 Contractor shall be qualified to transport some waste streams packaged in packaging as authorized in Department of Transportation (DOT) special packing authorizations SP-11396, SP-11624 and SP-12842.

5.4.3 Contractor shall have a hazardous waste hauler status with Department of Toxic Substances Control (DTSC) and possess all local, regional, state and federal licenses, permits, registrations to transport Hazardous Waste.

5.4.4 Contractor’s transfer, storage, reuse, recycling, treatment, and disposal facilities shall have appropriate local, regional, state, and federal licenses, permits, and registrations to perform the services proposed.

5.4.5 Contractor and subcontractor, if used, personnel (including technical/operational/ supervisory, laborers, lead/forepersons, specialists, and field chemists) shall follow Occupational Safety and Health Administration (OSHA) 1910.120 requirements with regards to facial hair and respirator use, and under an OSHA compliant annual medical surveillance program. If awarded, the Contractor shall provide proof of these requirements at the request of COR.

5.4.6 All technical/operational/supervisory laborers, lead/forepersons, specialists, and field chemists shall have at a minimum:

· RCRA Training specific to manifesting and categorizing waste streams

· DOT HAZMAT Shipping Class, IAW 49 CFR

· California Specific Hazardous Waste Training

· 40 hour “Hazardous Waste Operations” (HAZWOPER) training as specified in 29CFR1910.120

· A continuous record of eight (8) hour “HAZWOPER” refreshers annually within one (1) year of initial 40-hour training

· HM181/215 DOT “Hazmat Worker” training as specified in 49CFR172.704 on a triennial basis

· OSHA compliant annual respiratory protection training

· Respirator fit testing annually according to OSHA standards using MSHA approved full face APR respirators

· OSHA Compliant Blood Borne Pathogens training

· All other federal or state required training

· Contractor personnel designated as supervisory shall also have at a minimum OSHA hazardous waste supervisors training, in addition to the above-mentioned training

5.4.8 Contractor shall provide proof of current compliance with training requirements prior to the start of the contract and at any other time if requested by COR.

5.4.9 Proof of Business Licenses and Insurance. The Contractor shall be responsible for acquiring of applicable business licenses and permits required by law. The Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits. Valid proof consists of a Certificate of Insurance (DTSC 8038 or MCS-90), a bond of a California licensed surety company (MCS- 82), or evidence of qualifications as a self-insurer (public agencies). [Cal. Code Regulations, tit. 22, §66263.11(a)] Upon loss of liability insurance, a registered hazardous waste transporter must immediately cease transporting hazardous waste and immediately notify DTSC in writing of such loss. [Cal. Code Regulations, tit. 22, §66263.15(b)].

5.5 Waste Storage, Segregation, and Inventory

5.5.1 The Contractor shall store hazardous waste and materials in a manner that effectively mitigates hazards to human health and the environment in CSA. Incompatible chemicals shall be segregated; containers shall be non-leaking and be in good condition and labeled.

5.5.2 The contractor will segregate and inventory all waste, under this contract, into compatible waste streams two weeks prior to shipping at Palo Alto, Menlo Park, and Livermore Divisions. This is not required at CBOCs. The inventory shall be sent to COR via email within 2 business days.

5.5.3 If compressed gas cylinders are not destroyed in the treatment process, they must be rendered to scrap and unable to hold a positive pressure. The Contractor is required to have available all the proper equipment and tools necessary for removing/pumping wastes from tanks, pods, and drums.

5.5.4 Storage of waste cannot exceed the generator restriction. Furthermore, the Contractor shall not store hazardous waste at a TSDF facility for a time that exceeds their permit restrictions.

5.5.5 The Contractor shall inform the COR of any hazardous waste that was not previously characterized. The Contractor shall perform a hazardous waste stream profile or analysis of any hazardous waste in accordance with: Code of Federal Regulation Title 40, Protection of The Environment, part 262.11, California Health and Safety Code, Division 20, Chapter 6.5, Title 22, California Code of Regulations, Division 4.5, §66262.11 that has not previously characterized with COR’s approval. The Contractor shall provide copies of Hazardous Waste Profile Sheet to the COR prior to disposal of the hazardous waste.

5.5.6 Sampling and laboratory analytical services shall be provided by the Contractor to identify hazardous waste profiles and to aide in the proper disposal of waste shipped from VAPAHCS. Hazardous Waste Characterization: In accordance with (IAW) 40 CFR 261.2 and Title 22, Division 4.5, of the California Code of Regulations (CCR), the Contractor shall sample for unknown waste streams and have them analyzed prior to disposal determination (40 CFR 260-269 and Title 22, Division 4.5, CCR.

The Contractor shall provide to the COR, a copy of chain of custody, a copy of the sample analysis, Land Disposal Restriction form, and a copy of the resulting Hazardous Waste Profile Sheet. The Contractor shall provide documentation that each laboratory proposed to be used under this contract is certified to perform waste analysis IAW US EPA or equivalent international methods.

5.5.7 Any waste that is inventoried but does not have a waste profile must be analyzed by transporter prior to shipping, and within one month of initial inventory. Inventory must include an estimated number of containers needed for shipment of inventoried hazardous waste for each scheduled hazardous waste pick up.

5.5.8 Hazardous Waste Characterization: In accordance with (IAW) 40 CFR 261.2 and Title 22, Division 4.5, of the California Code of Regulations (CCR), the Contractor shall sample for unknown waste streams and have them analyzed prior to disposal determination (40 CFR 260-269 and Title 22, Division 4.5, CCR. The Contractor shall provide the COR, a copy of chain of custody, a copy of the sample analysis, and a copy of the resulting Hazardous Waste Profile Sheet(s). The Contractor shall provide documentation that each laboratory proposed to be used under this contract is certified to perform waste analysis IAW US EPA or equivalent international methods.

5.5.9 The Contractor shall store hazardous waste and materials in a manner that effectively mitigates hazards to human health and the environment. Incompatible chemicals shall be segregated; containers shall be non-leaking and be in good condition and labeled. The hazardous waste storage lockers shall be known as 90-day accumulation areas.

5.5.10 Storage of waste cannot exceed the generator restriction. Furthermore, the Contractor shall not store hazardous waste at a TSDF facility for a time that exceeds their permit restrictions.

5.5.11 The Contractor shall inform the COR of any hazardous waste that was not previously characterized. The Contractor shall perform a hazardous waste stream profile or analysis of any hazardous waste in accordance with: Code of Federal Regulation Title 40, Protection of The Environment, part 262.11, California Health and Safety Code, Division 20, Chapter 6.5, Title 22, California Code of Regulations, Division 4.5, §66262.11 that has not previously characterized with COR’s approval. The Contractor shall provide copies of Hazardous Waste Profile Sheet(s) to the COR prior to disposal of the hazardous waste.

5.5.12 Contractor shall always keep all hazardous waste areas clean and orderly. No trash or debris such as absorbent shall be left behind by the contractor.

5.6 Preparation for Off-Site Treatment or Disposal of Waste and Shipment

5.6.1 Contractor is required to ship hazardous waste and universal waste from the areas listed below. The COR may change the frequency of pick-ups based on the amount of waste generated. Upon the award of the contract, contractor and COR will decide on dates of the hazardous waste pick up.

5.6.2 The contractor must segregate waste from pharmaceutical waste stream, and any mixed waste in the container. If waste is of a category not covered by this contract, the contractor will set material aside in a separate DOT shipping container, appropriately labeled.

5.6.3 Unless authorized by COR, no waste shall be left in the CSA except for the waste that was picked up after the last inventory was completed.

5.6.4 Contractor must provide a one-hour window of arrival of hazardous waste hauler at least 24 hours in advance.

5.6.5 All packing of hazardous waste will be conducted by a hazardous waste transporter to include lab packing and comingling. If hazardous waste transportation is subcontracted, packing of hazardous waste shall be completed by the same subcontractor.

5.6.6 Contractor shall triple rinse empty containers before they are considered nonhazardous, and the reinstate must be treated as a hazardous waste.

5.6.7 There will be no minimum charge for hazardous waste pick up. Note: CBOCs generate significantly less hazardous waste compared to the Palo Alto, Menlo Park, or Livermore Divisions.

5.6.8 The Contractor shall be responsible for cleanup of any debris and material resulting from hazardous waste packing to include hazardous waste storage sheds and other areas where hazardous waste is prepared for shipping.

5.6.9 All waste must be placed in appropriate containers for shipment in accordance with DOT regulations.

5.6.10 Proper PPE must be worn at all stages of hazardous waste handling.

5.6.11 Contractor shall weigh the waste in the presence of the COR or designated representative prior to departing from the site. The Contractor shall use contractor-owned portable scales. The Contractor shall provide annual calibration certificate to the COR prior to using its scales.

5.6.12 The weight of waste shall not include the pallet weight, the boxes, strapping, etc., unless these items are considered an integral part of the packaging. These “packages” shall not be removed by the Contractor prior to disposal or regulatory requirement for disposal.

5.6.13 The Contractor must comply with California and EPA’s hazardous waste manifesting system or current system, provide complete shipping documents for facility staff signature, and submit electronic manifest to The California Department of Toxic Substances Control (DTSC).

5.6.14 The Contractor shall prepare, complete, and return signed copies of shipping manifests as required by federal, state, and local requirements and provide a readable photocopy of the signed manifest to the COR. If a prior visit is needed to perform these tasks, the Contractor shall coordinate with the COR. In addition, Contractor shall submit electronically manifest (e-manifest) to the California DTSC.

5.6.15 Proof of “Request for Certification of Destruction.” The Contractor shall provide proof requesting “Certification of Destruction/Recycling” from final Treatment, Storage, and Disposal Facilities (TSDF) within 45 days of transport.

5.13 Work Practices and Standards: The Contractor shall have established standard operating procedures that will be followed while conducting normal hazardous waste management activities. This includes site safety and contingency procedures, strike contingency plan, operational procedures, site management structure, supplies, equipment practices, material sampling procedures, hazard assessment and categorization procedures, packing procedures, quality assurance procedures, procedures for gaining waste acceptance into a facility and project management procedures. These written procedures must be available to the COR upon request.

6. Contractor Vehicles and Transport:

6.1 Driving and Parking Service Vehicles

Contractor service vehicles are to be parked in areas designated by the COR or otherwise directed by VA Police and Security Service Personnel. The Contractor service vehicles must display on each of its vehicles the company name in a manner and size that is clearly visible. The Contractor shall conform to the posted speed limits and parking restrictions set at each Government facility.

6.2 The Contractor’s vehicles shall meet the operational specifications required by the State of California and Federal Government. The Contractor shall transport waste in accordance with DOT regulations, 49 CFR, governing identification, packaging, labeling, and placarding of dangerous goods containers and vehicles transportation.

6.3 Transport Vehicles Qualifications. The Contractor shall submit the following information regarding the Contractor transport vehicles and drivers:

· Basic description of transportation services offered and capabilities

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

· Description of service and maintenance programs

· Types of materials licensed to transport

· Provide current Department of Transportation (DOT) or Motor Carrier Safety (MCS) rating (including a copy of the last inspection)

· DOT/CHP (California Highway Patrol) compliance record

· Resumes of Drivers – include years of experience, training and driving records.

· Vehicle Specifications- All vehicles shall be equipped with appropriate emergency response equipment and spill cleanup materials to include adequate amount of absorbent, a broom, shovel, and container for collecting spill residue.

7. Spills and Contingency Responsibilities, during normal hazardous waste shipments:

7.1 The Contractor shall be responsible for spills or releases resulting from the performance of this contract.

7.2 The Contractor shall clean-up spills and releases resulting from performing services. Clean-up shall comply with applicable Federal, State, Local City, and VA regulations. The Contractor shall dispose of spilled residue and debris at no additional cost to VAPAHCS.

7.3 Emergency Response Qualifications. The Contractor shall perform emergency response (ER) for situations that may arise from the handling, packaging, transport, storage, treatment, recycling and/or disposal of VA waste while in the contractor’s possession.

7.4 The Contractor shall provide proof of hazardous materials technicians training per CFR 1910.120(q)(6)(iii).

7.5 The Contractor shall provide type of ER equipment maintained (specify if owned or subcontracted and from whom).

7.6 The Contractor shall notify COR or designated representative of any spills or releases into the natural environment, from or out of a structure, vehicle, or other container, immediately within one (1) hour and follow up with a written report to the COR within 24 hours.

8. Disposal Method and Sanitation Requirements

8.1 Contractor shall use their environmentally sound methods of treating and destruction of wastes such as incineration and recycling or any other acceptable methods, in accordance with EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. The pickup area where containers are placed shall be maintained in a clean, orderly, sanitary condition. Particular attention shall be paid to the prompt cleanup of oil and/or grease spills, either generated from the vehicles used to haul containers or because of container leakage. Contractor furnished containers shall be kept neat, in clean and sanitary appearances, and repaired or replaced as necessary.

8.2 Contractor shall comply with all applicable federal, state, and county regulations on workers’ safety standards and related training. All Contractor personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill. Certification of such training must be provided within fifteen days of receiving notice of award of the contract. Certification for any new employees shall be provided to the Contracting Officer within thirty (30) days of receipt of the training. Contractor shall provide information about any related local, state, or federal violations for Treatment Disposal and Storage Facilities used during this contract.

9. Reports and Meetings:

9.1 Monthly Summary Report shall be documented and formatted so that various fields can be sorted and queried by the COR or designated representative in a spreadsheet (Microsoft Excel – MS Office 2007 or better) due on the 15th workday of the next month. In addition, contractor shall make information available to Key Green Solutions or designated Waste Data Collection contractor monthly.

Key Green Solutions, LLC 3841 Butterworth St SW Grand Rapids, MI 49534 616-551-0955 jburks@keygreensolutions.com

9.2 The Monthly Summary Report shall contain:

· Summary of hazardous waste/material movement from the point of generation to the final

· TSDF

· Invoice number

· Generating Facility Name

· Manifest number

· Specific waste stream nomenclature including California waste code; Treatment waste code

· Destination Treatment Storage and Disposal Facility

· Federal Waste Code (if applicable)

· State waste code for non-RCRA waste

· Weight per manifest, if more than one constituent for a waste stream exists then each constituent will be added to that waste stream nomenclature as a separate line item

· Any waste created by a spill or emergency response will be reported separately from other wastes. This report will include an estimate of the amount of spilled chemical recovered during the cleanup and specific sampling results

· Cost to the government

9.3 The Contractor shall conduct waste stream characterization IAW Code of Federal Regulation Title 40, Protection of the Environment, part 262.11, California Health and Safety Code, Division 20, Chapter 6.5, and Title 22, California Code of Regulations, Division 4.5, §66262.11 for each new waste stream that has not previously been identified and prior to disposal.

9.4 A copy of the completed manifest and Land Disposal Restriction Notification Forms shall be provided to the COR as part of the contractor’s invoice. If invoice is not available within 15 days a copy of the manifest must be made available within 15 days with an invoice to follow.

9.5 Annual Report. The Contractor shall provide an annual report summarizing hazardous and/or special waste movement from point of generation to disposal facility. The report shall indicate how much in pounds/kilograms of each waste stream from each VA facility, the disposal facility and how much in pounds of that waste was recycled. The report shall be in a Microsoft Excel Format (MS Office 2007 or better) so fields can be sorted and queried by users. The report shall be provided electronically by the 15th day of the beginning of the Fiscal Year (by the 15th of October).

9.6 SAMPLE: Monthly and Annual Reports:

10. Subcontracting

10.1 If subcontractor(s) are to be used, the contractor shall promptly notify the VA of any intent to change subcontractors, waste management facilities or other handlers and provide the information requested in 4.10 Contractor Qualifications and Training and 5. Contractor Vehicles and Transport. Notice shall be submitted in writing to the designated COR, and changes may only be made with consent of the VA.

10.2. The following are estimated percentages of the work involved in this contract. The Contractor shall include in the notice detailing the work that will be completed by the subcontractor.

· The hazardous waste inventory, segregation, waste profiling (approximately 15% of labor)

· Hazardous wastes sorting, lab-packing, comingling into bulk waste, and packaging for shipment, manifesting, and transporting the waste to TSDF (approximately 60% of labor)

· Universal Waste Removal (approximately 15% of labor)

· Administrative management and scheduling (approximately 10% of labor)

· Contractor fees will not exceed cost +10% administrative fees

11. Management of Records:

11.1 The Contractor shall track and/or manage all manifests and/or bills of lading for all waste materials removed.

11.2 The Contractor shall ensure waste manifests are accurate and promptly notify the COR of discrepancies. If there are errors on the manifest, the Contractor will notify the DTSC.

11.3 The Contractor shall provide proof of receipt of hazardous materials to the COR within 45 days of the date the manifest is generated. Acceptable forms of proof: a) the original manifest signed and dated by the receiving TSDF or b) a certification of recycling/destruction.

11.4 If proof of receipt cannot be obtained within 45 days, the Contractor shall file an exception report with DTSC.

11.5 Meetings: Upon the COR’s request, the Contractor shall be available to meet to discuss performance issues as needed.

11.6 Contractor shall have a centralized waste tracking system; the centralized tracking system will include a centralized data base for all waste characterizations and determinations, hazardous waste manifests, universal bill of lading for universal wastes, methods of final disposal, final disposal sites, quarterly and annual waste generation reports and training records. The contractor will be responsible for providing a database that will be able to generate reports on hazardous waste activities, waste characterization profiles, waste determinations, annual waste generation, and other information necessary for the successful operation and management of a hazardous waste management program. The electronic database will be provided to the COR upon request in a Microsoft Excel spreadsheet or web-based information access. The breakdown of the annual waste activities will be determined by the COR. Data collected under this contract will be made available to Key Green Solutions monthly.

12. Designation of COR:

12.1 The nominated COR will be delegated to represent the Contracting Officer in furnishing technical guidance and advice under this contract.