S02 Hazardous Waste Disposal FARGO VA.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

437-25-3-6054-0242

36C263-25-AP-1900

36C26325Q0571 03-21-2025

Alberta Mickells 402-995-3081 03-28-2025

12 PM CDT

36C263

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C151/152 Omaha NE 68102-2077

X

562211

$47 Million

N/A

Department of Veterans Affairs Network 23 Contracting Office (NCO 23)

FARGO VA MEDICAL CENTER

& CBOCS

FARGO ND 58102-2417

36C263

111 South 18th Plaza, Suite C151/152 Omaha NE 68102-2077

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

FARGO VA Health Care System and CBOC's listed in the Statement of Work for Hazardous Waste Services.

Base Year: 04/01/2025- 03-/31/2026 Option Year 1: 04/01/2026 - 03/31/2027 Option Year 2: 04/01/2027 - 03/31/2028 Option Year 3: 04/01/2028 - 03/31/2029 Option Year 4: 04/01/2029- 03/31/2030

Contractor to provide all labor and materials included in the Statement of Work.

All invoices will be submitted electronically through tungsten.

All offerors must be registered on SAM at the time of quote to be eligible for award.

See CONTINUATION Page

437-3650162-6054-856700-2542-010056193 437-25-3-6054-0242

X 1(ONE)

Dennis Salmonsen VA-VHA-RPOC-2025-0018 Contracting Officer

36C26325Q0571

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.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

PRODUCTS AND COMMERCIAL SERVICES

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) ... 26

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 27

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

C.9 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.10 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-2 EVALUATION ADDENDUM—COMMERCIAL ITEMS (OCT 2014)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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 36C263 Dennis Salmonsen

111 South 18th Plaza, Suite C151/152

Omaha NE 68102-2077

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, Upon Completion of Services

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.

B.2 STATEMENT OF WORK

1. TITLE: Hazardous Waste Management Services

2. OVERVIEW: The Fargo VA has a need for a qualified contractor with the capability and capacity to provide disposal services for hazardous waste, non-hazardous chemical waste, specialty waste (i.e. hazardous pharmaceutical, High Hazardous Waste, DEA drug waste, non-hazardous pharmaceutical, and dual waste [hazardous chemical and bio-hazardous combined]), universal waste, emergency spill response services, lab pack services that include supplies, labeling, lab-packing, consolidation, shipment, manifesting, and consulting from the U.S. Department of Veteran Affairs at the Fargo VA Campus, Community Based Outreach Clinics (CBOC) (8) and the Community Resource and Referral Center (CRRC)

This contract will not include the disposal of infectious, bio-hazardous, radiological, or pathological waste except for dual (chemical and infectious combined) waste.

3. ACRONYMS:

1. CO – Contracting Officer

2. COR – Contracting Officer’s Representative

3. VA – Department of Veterans Affairs

4. VAHCS – Fargo VA Health Care System.

5. SOW – Statement of Work

6. OSHA – Occupational Safety and Health Administration

7. EPA – Environmental Protection Agency

8. DOT – Department of Transportation

9. MPCA – Minnesota Pollution Control Agency

10. JC – Joint Commission

11. MDH – Minnesota Department of Health

12. NDDEQ – North Dakota Department of Environmental Quality

13. CDC – Centers for Disease Control

14. DEA – Drug Enforcement Administration

15. RCRA – Resource Conservation and Recovery Act

16. CFR – Code of Federal Regulations

17. Contractor Employee – means all Contractor staff, technicians, personnel, subcontractors, or persons working on behalf of the Contractor.

23. PLACE OF PERFORMANCE:

1. Fargo VA Health Care System, 2101 Elm St. North, Fargo ND 58102 (Monthly)

2. Bemidji Community Based Outpatient Clinic (CBOC) 1217 Anne Street NW, Bemidji MN

56601 (Semi-Annually)

3. Bismarck Community Based Outpatient Clinic (CBOC) 2700 State Street Suite F, Bismarck ND 58503 (Semi-Annually)

4. Devils Lake Community Based Outpatient Clinic (CBOC) 1031 7th Street NE, Devils Lake

ND 58301 (Annually)

5. Fargo Community Resource and Referral Center (CRRC) 721 1st Ave North, Fargo ND

58102 (Annually)

6. Fergus Falls Community Based Outpatient Clinic (CBOC) 1039 North Park Street, Fergus Falls MN 56537 (Annually)

7. Grafton Community Based Outpatient Clinic (CBOC) 1319 West 11th Street, Grafton ND

58237 (Annually)

8. Grand Forks Community Based Outpatient Clinic (CBOC) 3221 32nd Ave. South, Grand Forks ND 58201 (Semi-Annually)

9. Jamestown Community Based Outpatient Clinic (CBOC) 2430 20th Street Southwest, Suite B, Jamestown ND 58401 (Annually)

10. Minot Community Based Outpatient Clinic (CBOC) 3400 South Broadway Street, Minot ND 58701 (Semi- Annually)

5. PERIOD OF PERFORMANCE:

This contract will be a Single Award, Firm Fixed Price Indefinite Delivery, Indefinite Quantity, Service Contract for One (1) Base Year with Four (4) Option Years. Renewal of Option Years is subject to availability of the next fiscal year funding.

6. QUALIFICATIONS AND SPECIAL CERTIFICATIONS:

Contractor must obtain all necessary permits and/or licenses regarding the pickup and incineration or other acceptable disposition as regulated by State and Federal EPA Guidelines for hospital hazardous/dual waste.

Treatment, Storage and Disposal Facilities (TSDFs) need a Resource Conversation and Recovery Act (RCRA) permit.

Federal Certificate of Registration to Transport Hazardous Waste

Federal Safety Permit to Travel on Highways

If waste covered under this contract must be transported through a jurisdiction which requires special licensing or permitting, the Contractor and/or subcontractor shall obtain and maintain all necessary licenses and permits. The Contractor shall provide copies of these licenses and permits to the COR/POC.

The Contractor and/or subcontractor shall, without additional cost to the Fargo VAHCS or federal government, provide and maintain all licenses and permits for personnel, trailers, containers, vehicles, and other resources required for proper transportation and disposal of the wastes covered under this contract in accordance with all applicable federal, state, local, municipal, and VA, laws, regulations, and requirements.

If appropriate licenses and permits are not maintained in accordance with these applicable laws, regulations and requirements, The Fargo VAHCS may terminate the contract effective upon discovery.

The Contractor is required to perform characterization of all waste streams identified by each facility using process knowledge, identity of the chemicals, and other types of chemical analysis including but not limited to Toxicity Characteristic Leaching Procedure (TCLP).

Chemical wastes shall include but not be limited to flammables, corrosives, poisons/toxics/lethal, reactive wastes, dual and hazardous waste, and universal waste.

Work shall be performed in accordance with all applicable, Federal, State, Local and all governing regulations.

The successful offeror must possess the necessary technical expertise and resources required by this statement of work to be considered for contract award.

7. REGULATIONS / DIRECTIVES / POLICIES:

The Contractor must comply with all applicable Federal (US EPA, US OSHA, US DOT), State (MN OSHA, MPCA, NDDEQ), interstate, national consensus standards (JC), and local requirements, rules, regulations, and laws relative to the handling, removal, manifesting, transportation, management, disposal and/or treatment of hazardous, non-hazardous and specialty wastes.

8. SCOPE OF WORK:

Contractor shall provide all labor, personnel, transportation, vehicles, equipment, tools, and materials necessary to provide hazardous waste management services.

Contractor shall have the capability and capacity to provide hazardous, dual, universal, and DEA drug waste, waste disposal services, lab packs, and removal of non-hazardous chemical waste removal and disposal from the VAHCS, in accordance with current federal, state, and local regulations.

Services shall include pharmaceutical formulary review; technical consulting; electronic record keeping; emergency spill response; analysis, documentation, waste treatment, disposal and support services required to categorize, package, transport, document and dispose of hazardous, high hazardous, dual, and universal, and non-hazardous chemical wastes and their containers.

The Certification and Accreditation requirements under VA Handbook 6500 do not apply, and as such a Security accreditation Package is not required.

WASTE REMOVAL AND SHIPMENT:

The contract will include removal, documentation, and shipment of wastes from the designated hazardous waste storage area at the Fargo VA HCS.

This will include periodic shipments of DEA controlled substances waste and all labor and equipment to package, transport, treat and dispose of waste.

A. Protection and Mandates:

a. Contractor will provide appropriate protection for his/her employees to be within CDC guidelines that include barrier precautions, i.e., gloves, masks, eyewear and/or waterproof gowns, aprons, (lab) coats or respirators as necessary.

COR or COR designee will notify Contractor of areas with the Health Care Systems or unusual circumstances requiring personal protective equipment (PPE) beyond standard practices.

b. Contractor will comply with all applicable OSHA, MPCA, RCRA, the Joint Commission, MDH, Federal, State, interstate and local requirements, rules, regulations, and laws respecting control and abatement of Pharmaceutical and Hazardous waste disposal and management.

Obtain all necessary permits and/or licenses regarding the pickup and incineration or other acceptable disposition as regulated by State and Federal EPA Guidelines for hospital hazardous/dual waste.

This includes any laws in other states that are applicable to the transportation of hazardous/dual waste across state lines.

Potential successful contractor may be asked for documentation that will help determine contractor responsibility and whether the transporter is aware of and in compliance with (these) regulatory requirements.

c. The VAHCS requires hazardous waste removal as designated.

Contractor must check in with the COR/POC or his/her designee prior to beginning any work and after completion.

B. Shipments of hazardous, dual, universal, and non-hazardous healthcare waste must be provided every month.

C. Periodic shipments of DEA controlled substances waste.

D. All labor and equipment to package, transport, treat and dispose of waste.

E. Technical expertise to categorize and profile waste and advise on federal, state, municipal and local regulatory compliance.

F. Consulting Services

a. At the Fargo VA’s request, the contractor will provide technical expert consulting services on topics related to EPA, state specific RCRA, DOT, and other environmental regulations.

G. Pharmaceutical Formulary Review Annual Update

a. Annual pharmaceutical formulary review and report that identifies all listed and characteristic waste and codes including specific waste codes for Minnesota and North Dakota.

b. The contractor will provide an electronic review of the VAHCS formulary and provide recommendations as appropriate.

c. The completed review will identify all listed waste, characteristic waste, and RCRA-equivalent waste, including state specific waste codes, e.g. MN01 Lethal.

d. The final review will be submitted in Microsoft Excel spreadsheet in an electronic file.

H. Electronic record keeping and reporting.

I. Controlled Substances Disposal

a. Contractor personnel will be escorted by VAHCS staff.

b. The Contractor will be responsible for the disposal of Controlled Substances from the Fargo VA HCS Pharmacy in compliance with all applicable DEA, EPA, MPCA, and local regulations and the needs of the Department of Veterans Affairs.

TRANSPORTATION:

Hazardous waste shall be transported on the public highways in vehicles that are licensed, permitted, or otherwise registered in accordance with all applicable federal, state, municipal and local laws.

License number(s) must be posted on the exterior of the vehicles.

Each vehicle transporting hazardous waste must have an emergency spill clean-up plan and basic cleanup equipment on board.

Out of country shipments are prohibited under this contract.

DISPOSAL:

Contractor will dispose of hazardous waste in a manner that leaves no future expense potential to the VA or the federal government. Chemicals should be disposed of in the following preferred priority:

A. The treatment of the chemical waste (at a facility approved for such processing by an appropriate state or federal agency) in a manner that renders it no longer a hazardous waste as defined in the 40 CFR series. These processes include (but are not limited to):

a. Reprocessing or recovery followed by recycling/reuse.

b. Chemical neutralization or detoxification.

c. Thermal treatment (e.g. incineration, pyrolysis).

B. The long-term internment (burial) in a secure chemical landfill site approved for such by the appropriate state or federal agency.

Acceptance of the hazardous property (chemical wastes) at a properly permitted treatment, storage, or disposal facility does not constitute disposal and/or completion of the contract.

It is the prime contractor’s responsibility to obtain all necessary documentation to prove that the timely end disposal of all items has been accomplished.

Contractor shall provide the COR/POC 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 and State permit number.

This contract will not include the disposal of infectious, bio-hazardous, radiological, or pathological waste with the exception of dual (chemical and infectious combined) waste.

WASTE SPILL OR RELEASE:

Should waste be spilled or released during the performance of services, through no fault of the Fargo VA HCS, the Contractor will be responsible for cleanup and all costs associated with the satisfactory remediation of the incident.

This will include the cost of all labor and materials, repair of any damage, and/or harm caused to patients, visitors, and staff. Cleanup shall be performed to the satisfaction of regulatory authorities and the COR/POC.

When waste is spilled or release by the contractor during the performance of services the Contractor shall submit a spill report.

Such incidents shall be reported to the COR/POC immediately by telephone and in writing no later than seven (7) workdays after leaving the site.

The spill report shall list at a minimum the type of spill, amount of waste, and personnel exposed to the spilled waste.

The Contractor shall provide certification that the spill was cleaned up, a statement concerning the effect on any employees, and a description of the cause and corrective measure instituted by Contractor to ensure spills do not occur again.

9. SCHEDULE:

The Contractor and COR/POC will arrange for scheduled/routine (non-emergency) services that occur on a monthly basis.

WORK HOURS:

The Contractor shall perform services during normal business hours, 8:00 am – 4:30 pm, Monday through Friday, excluding Federal Holidays. The eleven national holidays observed by the Federal Government are:

• New Years Day January 1st

• Martin Luther King Jr. Day Third Monday in January

• Presidents Day Third Monday in February

• Memorial Day Last Monday in May

• Juneteenth June 19th

• Independence Day July 4th

• Labor Day First Monday in September

• Columbus Day Second Monday in October

• Veterans Day November 11th

• Thanksgiving Day Fourth Thursday in November

• Christmas Day December 25th

• Any additional Federal Holiday declared by the President of the United States

If the holiday falls on a Saturday, the previous Friday will be observed and if the holiday falls on a Sunday, the following Monday will be observed.

The COR or DOT HazMat certified designee are available during those hours for the approval/signature of shipping manifests and other required documentation unless exigent circumstances require services during an unscheduled time.

Any service performed outside of normal working hours shall be approved in advance by the Point of Contact.

After-hours access will be coordinated with the GEMS Program Manager or the GEMS Program Manager’s site designee.

10. EMERGENCY SERVICES:

The contractor shall provide a Primary and Alternate point of contact to the COR within 10 working days of contract award. Information shall include a 24-hour emergency contact (name, telephone #, mobile #) available during Contractor’s non-business hours.

11. TRAINING FOR CONTRACTOR PERSONNEL:

The Contractor’s on-site staff shall have training in hazardous waste handling and emergency procedures and provide documentation of this training.

This training shall include OSHA, EPA, Minnesota Pollution Control, and DOT (including HM

181) regulations.

12. PERMITS, LICENSES, AND REGULATORY COMPLIANCE:

The Contractor shall maintain all applicable permits and licenses for services provided and comply with all applicable federal, state, municipal and local laws, rules, and regulations.

The Contractor will obtain and maintain any additional permits and licenses that may be required because of changes in regulations.

This includes compliance with all Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Minnesota Pollution Control Agency (MPCA), North Dakota Department of Environment Quality (NDDEQ) Joint Commission (JC), Minnesota Department of Health (MDH) requirements and requirements in other States applicable to the transportation and disposal of waste that crosses state lines.

A. Current waste transporter permit(s) for the contractor and subcontractors.

B. List of all transfer stations, treatment, storage, and disposal facilities (TSDFs) including incineration, wastewater and sludge treatment facilities that shall be utilized during this contract to include the capacity of these facilities and the waste codes for the waste streams they are permitted to accept by treatment technology.

Address, phone number and other contact information shall be provided.

The VA reserves the right to inspect each of these facilities before approving its use or at any time during or after contract period while VA wastes are present.

C. Copy of Operator permit(s)

D. Certificates of training and experience of contractor/subcontractor staff and personnel who will perform site work under this contract (all technicians that will work on VA premises will be expected to have received at least the minimum training required by law as specified in 29CFR 1910-120, 40 CFR Parts 260-265 and 49 CFR Parts 171-178).

E. Provide the contractor’s/subcontractor experience in hazardous waste packaging, transport, and disposal.

F. Provide a copy of US EPA identification number(s) certificate for each business entity operated or contracted by the contractor that will provide service regarding any aspect of VA waste disposal program (i.e. storage, transfer, incinerator sites.)

G. Provided a copy of certificate of registration with the State EPA as a hazardous waste hauler for each business entity operated by the contractor that will provide hazardous waste transportation services for any aspect of VA waste disposal program.

H. Provide written acknowledgement of responsibility for acquisition of all applicable business licenses and permits required by law.

Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits.

I. Provide a list of any violations and/or citations that the contractor and subcontractors have received for non-compliance with any hazardous waste laws, permit requirements, and/or OSHA requirements for the past three years from the date of submission.

Contractor shall include information on all related business entities including associated firms that are owned by the contractor or owned by a common parent company that will be involved in any portion of the processing of VA waste disposal program.

If no discharge or violations have occurred, contractor must provide a statement that certifies no discharges or violations have occurred.

J. Provide a plan describing Standard Operating Procedures (SOPs) that will be followed while conducting normal hazardous waste management activities. The contractor shall describe:

a. Site safety and contingency procedures (e.g. spill management).

b. Operational procedures and site management structure.

c. Supplies and equipment practices.

d. Material sampling procedures.

e. Hazard assessment and categorization procedures.

f. Packing procedures.

g. Quality assurance and quality control procedures to ensure materials are properly identified, categorized, and packaged, and paperwork is properly completed.

h. Procedures for gaining waste acceptance into a transfer/ disposal facility.

i. Contractor and project management procedures.

K. Provide the following information regarding the hazardous waste fleet owned and operated by the contractor:

a. Basic description of transportation services offered and capabilities.

b. Fleet description of number, types, and ages of vehicles.

c. Description of service and maintenance programs.

d. Types of materials licensed to haul.

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

f. The DOT/MN DOT compliance record.

g. Description of driver qualifications including training programs, and experience.

h. Provide evidence that background checks have been performed on all employees that will perform any duties under this contract.

L. Provide the following information on the contractor’s emergency response (ER) capabilities (or any changes to original submission):

a. Contractor’s ER policies.

i. ER capabilities and experience and limitations.

ii. Type of ER equipment maintained (specify if owned or subcontracted and from whom).

iii. Personnel availability, training, and experience.

iv. Contractor’s emergency response procedure shall describe:

b. How to request an emergency response.

c. How the contractor notifies personnel and initiates response action.

d. Incident command procedures followed by the contractor.

e. ER work practices.

f. ER protection of health and safety practices.

g. ER invoicing policy.

M.

Provide information identifying any proposed subcontractors and identifying services to be performed by the subcontractors.

Contractor must submit evidence that subcontractor is qualified and legally able to provide services. (ALL subcontractors must be approved by the facility GEMS Program Manager and Contracting Officer prior to performing any duties under this contract).

The Government reserves the right to prohibit the contractor from employing the services of a subcontractor who does not possess the ability to satisfactorily perform in accordance with the provisions of this statement of work.

The use of a subcontractor or subcontractors does not relieve the contractor from any requirements set forth in this statement of work.

The contractor is responsible for ensuring that any subcontractor(s) perform in accordance with the terms and conditions of this statement of work. Subcontractors will also comply with (J) of this section.

N. Provide a list of names, titles, addresses, telephone numbers (including cellular), numbers, and e-mail addresses of key personnel performing under this contract.

O. Provide written Standard Operating Procedures (SOPs) for the collection, handling, accumulation, sampling, lab testing, characterization, packing, and shipping of hazardous, universal, and non-hazardous wastes.

P. Fargo VA HCS will provide a single point of contact for each facility with backup.

13. RECORDS AND REPORTING REQUIREMENTS:

Contractor shall provide a centralized online electronic waste tracking system that is exportable and readable to the VA system.

The centralized tracking system will include a centralized database for all waste characterizations and determinations, waste profiles, hazardous waste manifests, universal bill of lading for universal wastes, methods of final (end) disposal, final (end) disposal sites, shipping information, monthly, quarterly and annual waste generation reports by facility, training records, a tracking system for hazardous materials spills and all recordkeeping, and reporting needed to operate and manage the Fargo VA HCS hazardous waste management program.

The contractor will be responsible for providing a database that will be able to generate reports on hazardous waste activities, waste characterization profiles, annual generation by facility and other information necessary for the successful operation and management of a hazardous waste management program.

This will be readily exported to a format such as Microsoft Excel or other compatible format.

Prior to the shipment of waste, the Contractor will furnish a properly prepared and legible copy of the appropriate manifests and shipping papers.

Fully executed manifests will be provided to the Fargo VA HCS within thirty (30) days of shipment.

The Contractor will provide a certificate of disposal for all waste disposed clearly indicating proper treatment and disposal.

23. SAFETY:

The Contractor shall take such safety precautions as the CO or COR/POC may determine to be reasonably necessary.

The CO or his/her designee will notify the Contractor of any noncompliance.

The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed.

Such notice, when served in person on the Contractor or his/her representative at the site of work, or telephonically to Point of Contact, shall be deemed sufficient for the previously mentioned.

If the Contractor fails or refuses to comply promptly to satisfactorily abate the hazardous condition or situation, the CO may issue an order stopping all or any part of the work and hold the Contractor in material breach of this contract.

23. WORK PRACTICES AND STANDARDS:

The Contractor shall have established standard operating procedures that will be followed while conducting hazardous waste management activities.

This includes site safety and contingency procedures, strike contingency plan, operational procedures, use and maintenance of supplies and equipment procedures, material sampling procedures, waste categorization procedures, packaging procedures, quality assurance plan, procedures for gaining waste acceptance into a facility, and project management procedures.

16. QUALITY ASSURANCE:

The Contractor shall maintain a quality assurance program to assure services are performed in accordance with commonly accepted commercial practices.

The Contractor shall implement procedures to identify, prevent, and ensure non-recurrence of defective services.

As a minimum, the Contractor shall develop quality control procedures addressing the areas identified in the next paragraph.

A. Timely shipment of hazardous, dual, universal, and non-hazardous healthcare waste and DEA controlled substances waste.

B. Timely and properly completed manifest and shipping papers.

C. Sufficient and competent personnel including personnel with expertise to perform waste characterizations, profiles, and consultation services.

D. Sufficient equipment and supplies in good working condition.

E. Fully functional online record keeping and reporting system accessible always.

F. Timely and accurate billing system.

The government will periodically evaluate the contractor performance by appointing a representative(s) to monitor performance to ensure services are received.

The government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate.

Likewise, the government may decrease the number of quality control inspections if performance dictates.

17. COMPETENT PERSONNEL:

Contractor personnel who perform services for the Fargo VA HCS must be competent, experienced, and qualified to perform such services.

All work shall be performed in accordance with established waste management practices.

Appropriate handling of waste is essential for the safety of Government and Contractor employees and cost containment.

The Contractor shall furnish and ensure all personal protective equipment (PPE) for Contractor employees is in good condition.

The Contractor shall provide employee training on established policies and procedures for waste handling.

Contractor employees providing site services shall be certified in forty (40) hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training and wear appropriate protective equipment when handling hazardous waste.

The Contractor shall submit proof of appropriate training and experience to the COR/POC upon request.

Contractor employees should be enrolled in a Medical Surveillance Program that meets the standards of 29 CFR 1910 at the expense of the Contractor.

18. IDENTIFICATION, CHECK-IN, PARKING AND SMOKING:

Contractor employees shall notify COR or designees 1 hour prior to arrival to campus and prior to commencement of work.

During off-hours emergency response activities contractor personnel should check in with VA Police if the COR or designee is not available.

Smoking is prohibited on VA property.

Possession of weapons or contraband is prohibited.

Enclosed containers, including tool kits, shall be subject to search.

19. INDEMNIFICATION:

It shall be expressly agreed and understood by the Contractor and the Fargo VA HCS that the Contractor agrees to indemnify the Fargo VA HCS against all liabilities, claims, penalties, incident of death, bodily injuries, destruction or damage to property, contamination or adverse effects on the environment or any violation of government laws, rules or regulations, caused in whole or part by the Contractor’s breach of any term of the contract or any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract.

20. PENALTIES AND FINES:

The Contractor shall satisfy all applicable regulatory agency requirements.

In the event a regulatory agency assesses a monetary fine against the Fargo VA HCS for violations caused by the Contractor, the contractor shall reimburse the Fargo VA for the fine.

21. AUTHORIZED SERVICES:

Only the services specified in the SOW will be authorized under the contract.

The CO in consultation with the COR/POC may authorize additional services or repairs under a separate purchase authorization.

Reimbursement will not be made unless prior authorization is obtained.

22. INVOICES AND PAYMENT:

Payment of services rendered under this contract will be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice.

Invoice must include, but not limited to:

Contract Number Purchase Order Number Manifest Number(s) Complete and accurate description of services Dates of performance Amounts Unit Price

Extended Totals Any other data relevant for payment purposes

The Government shall not authorize payment until such time that the COR or his/her designee receives all properly executed and signed documentation.

23. INSURANCE:

Owners and Contractor’s Insurance: The contractor shall obtain at his own expense, General Liability Insurance in the amount of not less than $500,000.00 for protection against claims of personal injury, and $50,000.00 per occurrence for damage to property, arising out of this contract.

Professional Liability Insurance: The contractor shall obtain at his own expense, professional liability insurance for services to be performed pursuant to this contract, insuring the contractor against malpractice or errors and omissions of the contractor in the amount required by state and local authorities. $10 million in pollution control liability insurance.

Workers Compensation and Employer Liability: $100,000.00

Automobile Liability: $200,00.00 per person and $500,000.00 per occurrence for bodily injury and $20,000 per occurrence for property damage.

At all times during performance, the contractor shall maintain with the Contracting Officer, a current Certificate of Insurance showing at a minimum, the insurance required above, and providing thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

NOTE: ANY ADDITIONAL CHARGES CLAIMED MUST BE APPROVED BY THE

CONTRACTING OFFICER IN WRITING BEFORE SERVICE IS COMPLETED!

END STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Collection and disposal of Hazardous Waste at the Fargo VA Health

Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Base POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal PRODUCT/SERVICE CODE: 4235 - Hazardous Material Spill Containment and Clean-Up Equipment and Material

Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Collection and disposal of Hazardous Waste at the Fargo VA Health Care System main campus, CBOCs, and CRRC (Downtown).

Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.