S02 36C26124Q0570 Hazmat PickUp HI RFQ.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

459-24-3-630-0040

36C26124Q0570 08-27-2024

John D. Waldrip III 702-791-9000 Ext 18929 09-10-2024

4:00PM PDT

00261 Department of Veterans Affairs Network Contracting Office 21 VA Pacific Islands Healthcare System 459 Patterson Road Honolulu HI 96819

X 100

X

562112

$47 Million

N/A

See Delivery Schedule

00261

Department of Veterans Affairs Network Contracting Office 21 Pacific Islands Healthcare System 3230 Peacekeeper Way, Building 209 McClellan CA 95652

Financial Services Center P.O. Box 149971

Austin TX 78714-9971

Contractor shall provide for Hazardous Waste Management Services for the Pacific Islands Health Care System located in Honolulu, Hawaii.

Interested Offerors must pay special attention to FAR 52.212-1 Instructions to Offerors and 52.212-2.

Evaluation- Commercial Products and Commercial Services.

Failure to complete these sections and respond accordingly will likely eliminate an offeror from competition.

Do not attempt to contact the using activity. All questions must be directed in writing to the Contracting Specialist, John Waldrip at john.waldrip@va.gov with the Solicitation Number in the reference line.

Larry Facio Contracting Officer

36C26124Q0570

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 14

C.4 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2024)

C.5 52.223-10 WASTE REDUCTION PROGRAM (MAY 2024)

C.6 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS – ORDERS or BPAs (JAN

2023) (DEVIATION)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.9 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

E.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

E.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer: 36C26124Q0570, Larry Facio, larry.facio@va.gov

Network Contracting Office 21 3237 Peacekeeper Way, Bldg. 200, Suite 204 McClellan CA 95652-2609

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

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

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 YR _______________

Hazardous/Universal Waste As Related Per The HAZMAT Pickup Cost Price Schedule.

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

Hazardous/Universal Waste As Related Per The HAZMAT Pickup Cost Price Schedule.

Contract Period: Base POP Begin: 10-01-2025 POP End: 09-30-2026

Hazardous/Universal Waste As Related Per The HAZMAT Pickup Cost Price Schedule.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027

Hazardous/Universal Waste As Related Per The HAZMAT Pickup Cost Price Schedule.

Contract Period: Base POP Begin: 10-01-2027 POP End: 09-30-2028

Hazardous/Universal Waste As Related Per The HAZMAT Pickup Cost Price Schedule.

Contract Period: Base POP Begin: 10-01-2028

POP End: 09-30-2029

GRAND TOTAL _______________

B.2 STATEMENT OF WORK

STATEMENT OF WORK

VETERANS AFFAIRS PACIFIC ISLAND HEALTHCARE SYSTEM (VAPIHCS)

HAZARDOUS WASTE MANAGEMENT SERVICES

GENERAL INFORMATION

The Contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents. The Contractor shall commence all operations required by the contract as of the first day of the contract period. The Contractor shall furnish all management, labor, supervision, management support, transportation, equipment, and materials to provide Hazardous Waste Management and Emergency Response Services to the Veterans Affairs Pacific Islands Health Care System (VAPIHCS), located at 459 Patterson Road, Honolulu, Hawaii 96819-1522.

Accomplish all work under this contract in accordance with agency, state and federal regulations to include (1) the Joint Commission Manual (JC); (2) Occupational Safety and Health Agency (OSHA); (3) Environmental Protection Agency (EPA) requirements to include The Resource Conservation and Recovery Act (RCRA), Subtitle C; (4) the Department of Transportation (DOT) regulations (5) industry standards. The JC establishes the facility and management standards for VA facilities. The VA is committed to maintaining JC approved health care facilities. The Contractor’s efforts shall provide the service to meet the requirements for high quality patient care, sensitivity to proper scheduling to meet medical and patient needs, and proper control for handling waste materials.

Notwithstanding any historic data furnished by or for the medical facilities, it is the Contract’s responsibility to furnish the necessary quantities of manpower, supplies, and equipment to provide satisfactory service at the medical facilities. The technical descriptions highlight various types of hazardous wastes and approximate schedules required for quarterly services. This means that items/tasks identified are included but not limited to these items/tasks only.

Additional wastes materials and/or services required by changes in mission assignments will be affected by written contract modification.

This contract will be awarded on the terms of a firm-fixed price contract in accordance with FAR

16.202. Unless otherwise specified in the contract, the ceiling price or target price is subject to adjustment only by operation of contract clauses providing for equitable adjustment or other revision of the contract price under stated circumstances.

These technical provisions require work to be accomplished at the Veterans Affairs Pacific Island Health Care System (VAPIHCS), located at 459 Patterson Road, Honolulu, Hawaii 96819-1522

Contractor’s Hours of Duties: The VAPIHCS normal business hours usually operate between 8:00am to 4:00pm, Monday through Friday, except Federal Holidays. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government Agencies. All waste collection services work shall be accomplished during normal business hours.

Federal Holidays: national holidays observed by the Federal Government are

New Year’s Day January 1

Martin Luther King Day Third Monday in January

Presidents’ Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth Day June 19th

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans’ Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

Contractor’s Work Schedule: The Contractor shall provide to the COR a proposed work schedule which depicts how services will be accomplished 15 days after the receipt of award.

All work shall be coordinated with the COR or designated representative when accomplished during normal business hours to avoid disruptions or conflicts between the Government functions and the provision of service under this contract.

Interference to Normal Function: The Contractor shall delay or interrupt their work at any time to avoid interference with patient care procedures and the normal function of the facility, including utility services, fire protection, and passage of facility patients, personnel, equipment, and carts.

SCOPE OF WORK

Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, documentation and Emergency Response Activities for proper treatment, treatment, recycling, storage, and disposal services described herein at Veterans Affairs Pacific Island Health Care System (VAPIHCS). Services will be based on the Task and Frequency Schedule, excluding all Federal Holidays. The C&A requirements do not apply, and a Security Accreditation Package is not required.

Required monthly pickups at the following locations:

Veterans Affairs Pacific Island Healthcare Systems (VAPIHCS) Address: 459 Patterson Rd, Honolulu, Hawaii 96819-1522

Hazardous Waste Regulations: Disposal of waste materials, performance of projects and emergency response activities shall comply with the following and all other applicable regulatory requirements, 40 CFR Parts 260-282, which contains all the Resource Conservation and Recovery Act (RCRA) regulations governing hazardous waste identification, classification, generation, management, and disposal.

• Part 260 – Hazardous Waste Management System: General

• Part 261 – Identification and Listing of Hazardous Waste

• Part 262 – Standards Applicable to Generators of Hazardous Waste

• Part 263 – Standards Applicable to Transporters of Hazardous Waste

• Part 264 – Standards for Owners and Operators of Hazardous Waste Treatment, Storage, And Disposal Facilities

• Part 265 – Interim Status Standards for Owners and Operators of Hazardous Waste Treatment

Storage, And Disposal Facilities

• Part 266 – Standards for The Management of Specific Hazardous Wastes and Specific Types Of

Hazardous Waste Management Facilities

• Part 267 – Standards for Owners and Operators of Hazardous Waste Facilities Operating Under

A Standardized Permit

•Part 268 – Land Disposal Restrictions

• Part 270 – EPA Administered Permit Programs: The Hazardous Waste Permit Program

• Part 271 – Requirement for Authorization of State Hazardous Waste Programs

• Part 272 – Approved State Hazardous Waste Management Programs

• Part 273 – Standards for Universal Waste Management

• Part 279 – Standards for The Management of Used Oil

• Part 280 – Technical Standards and Corrective Action Requirements for Owners and Operators

Of Underground Storage Tanks (UST)

• Part 281 – Approval of State Underground Storage Tank Programs

• Part 282 – Approved Underground Storage Tank Programs

• Parts 283 to 299[Reserved]

In addition, applicable regulatory requirements from CFR Title 49 contain regulations governing the transportation of hazardous materials and wastes. Key Provisions of the Hazardous Materials Transportation Act Hazardous materials regulations are subdivided by function into four basic areas:

• Procedures and/or Policies: 49 CFR Parts 101, 106 and 107

• Material Designations: 49 CFR Part 172

• Packaging Requirements: 49 CFR Parts 173, 178, 179 and 180

• Operational Rules: 49 CFR Parts 171, 173, 174, 175, 176 and 177

Types of Hazardous Waste: Hazardous waste are divided into listed wastes, characteristic waste, universal waste, and mixed wastes. For the purposes of this contract, the following Hazardous Wastes include a list of common, but not all inclusive, waste materials that require disposal. This Hazardous Waste Management requirement does NOT contain “Infectious Substances” waste.

Listed wastes: By definition, EPA determined that some specific wastes are hazardous. These wastes are incorporated into lists published by the Agency. These lists are organized into three categories:

• The F-list (non-specific sources wastes)

• The K-list (source-specific wastes)

• The P-list and the U-list (discarded commercial chemical products)

Listed Wastes Items that are to be properly disposed and/or recycled may include but is not limited to: P-list and U-list products: Acute hazardous expired wastes/non-controlled medications.

Universal Wastes: EPA’s universal waste regulations streamline hazardous waste management standards for federally designated “universal wastes,” Items that are to be properly disposed and/or recycled may include, but is not limited to: batteries, pesticides, mercury-containing equipment, and bulbs (lamps).

Description of Services

General Removal of Waste Materials: The Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, documentation and Emergency Response Activities for proper treatment, recycling and disposal services.

Waste Disposal Plans

The Contractor shall be responsible for locating appropriate facilities for management of waste materials, for completing any waste profile documents required by the facility or state where a facility is located, and for any costs incurred in the profiling process. The government reserves the right to make bulk shipments of Universal Waste Batteries directly to a recycler and to utilize federal programs for reclaiming/recycling waste materials such as refrigerants and oils. Unless prior approval has been obtained in writing from the AMP-100 Environmental Coordinator acting as Contracting Officer Representative, wastes shall be profiled and shipped directly to the waste management facility.

If feasible, the disposal method selected for each waste stream shall conform to the following priorities (preference shown highest to lowest) as applicable for the type of waste:

(i)reclamation, (ii)incorporation into a fuel burning program, (iii) incineration, (iv) treatment/detoxification/fixation and (v)land disposal. If requested, the contractor shall provide information on the available disposal options for particular waste materials.

For new or one-time waste streams, VAPIHCS will provide a description of the waste, Material Safety Data Sheets, and proposed sampling plan, if necessary, to the contractor.

Manifest/Documentation of Disposal

The contractor shall provide a properly completed manifest or other appropriate shipping document for each waste shipment. The manifest and/or any other documentation concerning the shipment (such as restricted waste notification forms required by the Land Disposal Restrictions in 40 CF Part 268) shall be provided to the COR at least two working days prior to the scheduled shipment. Manifests shall be prepared in accordance with 49 CFR 172.205, 40 CFR Part 262 and 40 CFR 761.208. For each waste stream on the manifest or shipping document, the waste management facility’s approval number and applicable state waste stream numbers shall be noted on the manifest. All documentation shall be typewritten or neatly printed with all copies legible. The contractor shall assure that all transporters used have any required EPA identification numbers, permits, and licenses and are properly registered. The COR or their designee will sign and date the generator’s certification on the manifest. The transporter will sign and date the manifest or shipping document and return the generator’s copy with an original signature to the COR. The waste management facility shall returned a signed copy of the manifest or shipping document indicating receipt of the material to the COR within 35 days of the date that the waste is accepted by the initial transporter.

For all shipments of hazardous waste and PCB material and whenever available for other types of waste, the contractor shall provide certification of reclamation or disposal to the COR within 120 days of the shipment date. The certification shall include: (i) the identity of the disposal facility by name, address and EPA identification number, (ii) the identity of waste affected by the certification including reference to the manifest number for the shipment, (iii) a statement certifying disposition of the identified waste, including the date(s) of disposal and identifying the process used and (iv) a certification, as defined in 40 CFR 260.10, signed by a representative of the disposal facility.

Packaging/Labeling/Marking

Most waste generated by VAPIHCS operation are placed or collected in 55-gallon drums which will be removed by the contractor. However, drums may not be full (50 gallons for liquid waste) and some wastes to be shipped will be in smaller DOT-shippable containers (generally 5- and 30-gallon buckets and drums). The contractor shall furnish containers if they desire to lab pack or decant routinely generated wastes for shipment. The contractor shall be responsible for the proper disposal of empty containers generated during any decanting activities. Documentation concerning the disposal or management method that will be utilized for such containers shall be provided to the COR upon request.

Before transporting any container of waste, the contractor shall mark and label the containers in accordance with applicable requirements in 40 CFR 262.32 and Department of transportation regulations in 49 CFR Part 172.

Handling/Loading/Transportation of Material

The contractor shall schedule shipment dates and times with the COR. Shipments shall not be scheduled on Saturdays, Sundays, federal holidays, or any other day when VAPIHCS is closed.

The contractor shall be responsible for the proper and safe handling, transportation and delivery of all hazardous material/waste consigned to him/her. This shall include but is not limited to: (i) insuring and adequate vehicle and qualified operator is provided to safety transport all types of waste, (ii) insuring that all vehicles are equipped with adequate first aid, fire protection, personnel safety, and spill control equipment, (iii) insuring all loads are properly secured and properly placarded, (iv) coordinating unloading of material with the receiving facility.

Environmental Emergency Response Plans

Contractors will submit an Emergency Response Plan within 5 days after for disaster recovery.

All Plans must include a 24-hour response plan to facilitating immediate actions for disaster recovery, containment, and/or cleanup operations. Contractors are expected to include the manpower and equipment, logistical support, and operation oversight to manage various environmental emergencies. The plan should include a list of authorized individuals and contact information of responsible people involved in facilitating emergency responses.

Routine Requirements

Waste Shipments: Waste material shall be removed at least quarterly. The contractor shall complete routine waste shipments within 15 days of the approved COR scheduled approved.

The contractor shall coordinate pickup times with the COR.

Support for Projects Involving Hazardous Material Management: The contractor may provide support for tasks or projects involving hazardous material management activities not associated with shipment of waste material. The contracting officer or COR will provide the contractor with a written scope of work for each task or project. The contractor will respond in writing within 10 days with a plan of action, proposed schedule, and itemized cost estimate for the work.

The Task and Frequency Schedule: Indicates the minimum acceptable frequencies of the generalized duties that encompasses a comprehensive list of waste that could require collection, recycling, or disposal. In addition to the service required herein, incidental functions not specifically listed but normally included as general practices within the Hazardous Waste Management Industry shall be provided. The overall types of wastes and duties associated will remain within the natural scope of work within Hazardous Waste Management.

Collections are to be conducted, at a minimum 12 (twelve) times annually per site. This should be based on months intervals. The scheduled time frame should be during normal business hours. Request for Emergency Response and Disaster Recovery Services shall be conducted in accordance with Emergency Response Plans approved by the COR. Those services will be conducted on an “as-need” basis and can be performed during or after normal business hours, depending on the level of need.

The Task and Frequency Schedule indicates the minimum acceptable frequencies, however, the Contractor shall correct in such a manner to any deficiency identified, recorded and reported to the Contractor by the COR or designated representative.

Contractor Qualifications

All services shall be performed by Hazmat trained technicians in conformity with local trade practices. At a minimum, there should be one project manager with a 4-year degree in Environmental, Chemical, or related Engineering degree with HAZWOPER Training and Certification, and 8 years of experience. All field/site technicians shall provide proof of current and/or refresher HAZWOPER Training and Certification, with a minimum of 5 years of experience. Contractor Requirements, Certifications, Permits & Licensure: The contractor shall obtain all necessary licensure and/or permits and insurance that is required to perform this work. Proof of licensure and/or permits and insurance is required. Contractor shall take all precautions necessary to protect persons and property form injury or damage during the performance of this contract. Contractor shall be responsible for any injury to any Contractor’s representative, or others, as well as, for any damage to personal or public property that occurs during the performance of this contract that is caused by the contractor’s fault or negligence.

Contractor personnel shall submit copies of all documents pertaining to authorized Federal and State EPA and DOT required Permits, Certifications, and/or Licensure, with their bid packages.

Authorized State (EPA) RCRA Permitting Programs:

The Resource Conservation and Recovery Act (RCRA) requires individuals who generate or transport hazardous waste, or who operate a facility for recycling, treating, storing or disposing (TSD) of hazardous waste, to notify EPA or their authorized State waste management agency of their regulated waste activities and obtain a US EPA Identification (ID) Number (also known as RCRA ID Number).

Under RCRA, most hazardous waste permits are issued by states. The state of Hawaii is assigned to EPA Region 9 (Pacific Southwest); Region 9’s state programs are authorized to issue permits. For information on how to obtain a hazardous waste permit, or on permits already issued, information: http://health.hawaii.gov/shwb/hazwaste/.

October 1, 2008, the Hawaii Department of Health (HDOH) processed all Notification of Regulated Waste Activity (EPA Form 8700-12) forms. Handlers of regulated waste are required to complete EPA Form 8700-12 for initial notification to obtain an EPA ID number, and subsequent notifications to update site identification information.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

852.203-70 COMMERCIAL ADVERTISING MAY 2018

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION (MAY 2024)

(a) Definitions. As used in this clause—

"Toxic chemical" means a chemical or chemical category listed in 40 CFR 372.65.

(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(1) The emergency planning reporting requirements of Section 302 of EPCRA.

(2) The emergency notice requirements of Section 304 of EPCRA.

(3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA.

(4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.

(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

(End of Clause)

C.5 52.223-10 WASTE REDUCTION PROGRAM (MAY 2024)

(a) Definitions. As used in this clause—

"Recycling" means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.

"Waste prevention" means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

"Waste reduction" means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) Consistent with the requirements of section 207 of Executive Order 14057, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247).

C.6 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS – ORDERS

or BPAs (JAN 2023) (DEVIATION)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s certified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of certified SDVOSB/VOSB listed in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size Standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) A certified SDVOSB listed in the SBA certification database schedule holder will receive full credit, and a certified VOSB listed in the SBA certification database schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

(d) Offerors other than SDVOSBs or VOSBs proposing to use certified SDVOSBs/VOSBs listed in the SBA certification database as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:

(1) The name(s) and contact information of the certified SDVOSB(s)/VOSB(s) listed in the SBA certification database with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/ subcontractor’s listing in the SBA certification database.

https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/

(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: John Waldrip 459 Patterson Road, Honolulu, HI 96819 as to Statement of Work.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: John Waldrip john.waldrip@va.gov

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–

74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(End of Clause)

C.9 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.

(1) Additionally, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories. These regulations are available at https://www.osha.gov/.

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) Copies are available from the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

(i) Biosafety in Microbiological and Biomedical Laboratories, Centers for Disease Control and Prevention (CDC), available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices in the Laboratory, National Research Council, National Academy Press, Washington, DC 20001, available at http://www.nap.edu.

(b)(1) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited by any Federal, State or local regulatory/enforcement agency.

https://www.osha.gov/ http://www.cdc.gov/biosafety/publications/index.htm http://www.nap.edu/

(2) The report shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.

(c) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency's directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer.

No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.

(d) The Contractor shall insert this clause in each subcontract involving toxic substances or hazardous materials. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.

(End of Clause)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[]…