S02 RFQ 36C25923Q0430_.docx

36C25923Q0430

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

36C259-23-AP-1355

660-23-2-5066-0008

36C25923Q0430 04-28-2023 Jerry Danso 303-712-5761 05-09-2023 1:00 Pm

MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

562112 $41.5 Million

N/A

Department of Veterans Affairs George E. Wahlen VA Medical Center

500 Foothill Dr, Salt Lake City UT 84148 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 1-877-353-9791 512-460-5221

See CONTINUATION Page The Contractor will be required to collect, package, label, manifest, transport and dispose of hazardous, universal, -hazardous chemical and pharmaceutical wastes and neutralize (wasted) Drug Enforcement Administration (DEA) controlled controlled substances at the Department of Veterans Affairs Salt Lake City Health Care System (VASLCHCS). The VASLCHCS VASLCHCS includes the SLC VA Medical Center, as well as Community-Based Outpatient Clinics (CBOC). The CBOCs are in North Logan, Ogden, Orem, Price, Roosevelt, South Jordan, and St. George, Utah; Pocatello and Idaho Falls, Idaho; and Idaho Falls, Idaho; and Elko, Nevada. Collectively, the medical center and CBOCs, hereinafter referred to as “VA Facility(ies).” in accordance with PWS.

U.S. Dept. of Labor Wage Determination # 2015-5489 , rev 20 is applicable to this acquisition and resulting contract.

All correspondence and offers must be sent to:

Jerry.danso@va.gov. Offers are due by 1pm MT on 05/19/2023

See CONTINUATION Page

John Cheng Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:

B.1.1.1. CONTRACTOR:

Name:

Title:

Company:

Address:

Telephone#:

FAX #:

E-mail address:

B.1.1.2. GOVERNMENT:

Contracting Officer 36C259 Timothy Myers Email: Timothy.Myers5@va.gov Phone: 303-815-4785

Contract Specialist 36C259 Jerry Danso, jerry.danso@va.gov, 303-712-5761

B.1.2. 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 (SAM)

[ ] 52.232-36, Payment by Third Party B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] MONTHLY IN ARREARS

B.1.4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically to the VA Financial Services Center for payment processing, free of charge. For any questions about the e-invoicing program, please contact the FSC at the phone number or email address listed below:

· OB10/Tungsten e-Invoice Setup Information: (877) 752-0900

· OB10/Tungsten e-Invoice email: USClientServices@ob10.com

· FSC e-Invoice Contact Information: (877) 353-9791

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

· The following two codes will be required when creating a vendor profile in OB10:

OB10 Buyer Number AAA544240062 Promo Code: VAPC7Y18

B.1.5. Unique Entity Identifier Number (UEI): Please provide the Unique Entity Identifier Number assigned to your firm in the space provided here:

B.1.6. TAX IDENTIFICATION NUMBER: Please provide the tax identification number to be utilized for this contract:

B.1.7. PERIOD OF PERFORMANCE: Services required herein shall be for the ESTIMATED following time period:

BASE YEAR: May 30, 2023 – September 30, 2023

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 Performance Work Statement B.2 Performance Work Statement Part A – Description of Work Introduction The Contractor will be required to collect, package, label, manifest, transport and dispose of hazardous, universal, non-hazardous chemical and pharmaceutical wastes and neutralized (wasted) Drug Enforcement Administration (DEA) controlled substances at the Department of Veterans Affairs Salt Lake City Health Care System (VASLCHCS). The VASLCHCS includes the SLC VA Medical Center, as well as Community-Based Outpatient Clinics (CBOC). The CBOCs are in North Logan, Ogden, Orem, Price, Roosevelt, South Jordan, and St. George, Utah; Pocatello and Idaho Falls, Idaho; and Elko, Nevada. Collectively, the medical center and CBOCs, hereinafter referred to as “VA Facility(ies).”

The primary objective of the PWS is to safely manage and dispose of VA Facilities hazardous waste while minimizing environmental impacts and complying with all Federal, State, Local laws, and all governing regulations. The Contractor will evaluate waste reuse, recycling, and reclamation options prior to determining final disposition of wastes.

Site Background and Location A. The majority of work will be conducted at the Salt Lake City VA Medical Center (SLC VAMC). The SLC VAMC (UT9360090048) is designated as a “Small Quantity Generator” of hazardous waste.

George E. Wahlen SLC VA Medical Center 500 Foothill Blvd Salt Lake City, UT 84148

B. VA Facility contact information:

GEMS Program Office: 801.582.1565 x 4533 Safety Office: 801.582.1565 x 4342 After hours (Boiler Plant): 801.582.1565 x 1043 VA Police Department: 801.582.1565 x 4444

C. Collections, packaging, transport, and disposal of hazardous and/or pharmaceutical wastes is required at all CBOC locations twice per year. Mail-in program can be used in lieu of in-person collections. The CBOC locations are designated as “Very Small Quantity Generators” of hazardous waste. Both Utah and Idaho have agreed to the management of pharmaceutical waste under RCRA Subpart P; however, Nevada did not.

Community-Based Outpatient Clinics (CBOC) Locations Utah

Price VA Clinic 189 South 600 West, Suite B Price, UT 84501 Ogden VA Clinic 3945 South Washington Blvd., Suite A South Ogden, UT 84403

St. George VA Clinic 230 North 1680 East, Building N St. George, UT 84790

South Jordan VA Clinic 5119 West Daybreak Parkway South Jordan, UT 84009-5111

Roosevelt VA Clinic 245 West 200 North Roosevelt, UT 84066-2336

Orem VA Clinic 774 South State Street Orem, UT 84058-6308

Cache Valley VA Clinic 2380 North 400 East, Suite G North Logan, UT 84341-1769

Idaho

Pocatello VA Clinic 500 S 11th Ave Pocatello, ID 83201

Idaho Falls VA Clinic 640 South Woodruff Idaho Falls, ID 83401

Nevada

Elko VA Clinic 2719 Argent Ave. #9 Elko, NV 89801-8443

Note: The VA Facilities within Utah and Idaho have opted into RCRA Subpart P (40 CFR Part 266 Subpart P) for the management and disposal of pharmaceutical wastes. The State of Nevada did not opt in to RCRA Subpart P.

Definitions Hazardous Waste: wastes that are so designated under the Resource Conservation and Recovery Act (RCRA) in 40 CFR Part 261. (“Black bin” wastes)

Pharmaceutical Waste (hazardous/acutely hazardous): pharmaceuticals that meet the EPA definition of hazardous waste (40 CFR Part 261 including Subparts C and D). Includes any RCRA Subpart P-listed (“Pharma”), U-listed or D-listed pharmaceuticals and packaging materials. (“Black bin” wastes)

Universal Waste: is a specific subset of “Hazardous Waste” and is defined in 40 CFR Part 273. Items include batteries, pesticides, mercury-containing equipment, lamps (fluorescent light bulbs), and aerosol cans.

DEA Controlled Substances: A “hazardous waste, controlled substance” is a waste pharmaceutical that is both a RCRA hazardous waste and a DEA controlled substance. Under Subpart P, EPA has exempted hazardous waste pharmaceuticals that are also DEA controlled substances as hazardous waste if they are sent for combustion. Substances under this contract will be pre-wasted into neutralizing media.

Work to Be Performed A. Chemical wastes shall include, but not be limited to, hazardous wastes, hazardous pharmaceutical waste, non-hazardous chemical wastes, universal wastes (e.g. mercury-containing manufactured devices, batteries for recycling, pesticides, and aerosols managed as universal waste) and neutralized (wasted) DEA controlled substances. Radioactive wastes will not be covered under the PWS. Work shall be performed in accordance with all applicable, Federal, State, Local laws, and all governing regulations.

B. The Contractor shall accomplish only compliant collection and transfer of hazardous, non-hazardous, pharmaceutical, and universal wastes from satellite accumulation points within the VA Facilities to the central accumulation point. Only professional and respectful communication and coordination shall be used at the VA Facilities. When within VA Facility property, the Contractor shall maintain cleanliness compliant with applicable hospital infection control standards for their equipment, vehicles, and staff. The Contractor shall compliantly package and ship from the VA Facility to only disposal locations certified for this purpose under applicable Federal and State environmental compliance regulations. Prospective bidders shall familiarize themselves with the general locations of accumulation points and allow for travel between each one during service periods.

i. Contractor shall only respond to requests for service from VA Facility staff (COR, Safety Office, GEMS Program personnel). If service is requested from any other source the Contractor is to advise the caller of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government.

ii. Prior to commencement of, and immediately after each service visit, the Contractor or their authorized representative must check in and out with the GEMS Program Manager (or designated alternate).

iii. Shipments outside of this country are prohibited under this contract (unless prior approval is received in writing from the CO).

C. The Contractor shall segregate wastes by hazard class or chemical compatibility and label wastes compliantly for shipment. Wastes are typically stored at three locations throughout the VA Facility. The Contractor shall be responsible for properly containerizing all lab-packs and shipping containers, and for all safety measures to prevent harm or injury to VA patients, visitors, employees, contractor employees, the VA Facility and furnishings, the general public, and the environment. Compliant packaging of hazardous waste must be completed on site. Spill control equipment shall be always available.

D. The Contractor will supply all packaging and shipping materials, not including general collection containers used within the facilities, and ensure all hazardous materials/waste hauled by the Contractor are properly packed with sufficient absorbent material or placed in secondary containment to prevent leaking or spilling. The contractor will supply all packaging material and shall package material in the most efficient manner possible for that waste stream. Smaller sizes shall be used for partial loads or to meet the disposal priorities or DOT requirements. Containers shall be leak proof, puncture resistant, stackable, and transportable, damage free and always in good working order and conform in all respects with applicable regulations promulgated by Federal, State, and local counties and municipalities that have authority.

E. The Contractor will supply all marking, labels, and placards necessary to satisfy Federal, State, and local laws for content identification, transportation over public thoroughfares, and transfers to any company involved in the destruction, recovery, or burial of hazardous wastes. Said labels and placards shall be of the size, shape, color, and format required by regulatory bodies and affixed by the contractor in accordance with requirements or current industry practice. All Global Harmonization System markings must be accurately affixed to containers before leaving the pick-up location.

F. The Contractor shall provide all necessary equipment (e.g., safety glasses, gloves, aprons, respirators, etc.) and training to perform the job safely and in accordance with all OSHA regulations. All employees present at the work site shall be trained to use all protective equipment. The Contractor must perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, Contractor personnel and equipment shall comply with all safety requirements set forth in the applicable Federal, State, and local laws and regulations and shall ensure that its agents, employees, and subcontractors perform the work in a safe manner. The Contractor shall ensure that all personnel involved in handling and packaging of hazardous waste be trained for the level of expertise required for the proper performance of the task, and in particular OSHA hazard communication standards in the areas of chemical incompatibility, general first aid procedures and spills.

G. Prior to the removal and transport of hazardous, universal, non-hazardous chemical and neutralized (wasted) DEA controlled substance waste generated by the VA Facility, the Contractor will obtain approval and signature for each manifest from the COR or the GEMS Program Manager (or assigned alternate) verifying that the Contractor has accepted the waste from the VA Facility and that the waste was properly shipped for treatment and/or disposal. Manifests not signed by the COR, or the GEMS Program Manager (or assigned alternate) will not be deemed valid. The Generator Copy of the executed manifest will be provided to the GEMS Office within 35 days of waste collection. Provide the certificate of disposal within ninety (90) days of waste collection.

H. Should hazardous, non-hazardous chemical, universal or pharmaceutical waste be released to the environment during the performance of services under this contract, through no fault of the VA Facility, the Contractor will be responsible for all materials and costs associated with the satisfactory remediation of the incident. This will include the cost of all labor and materials, regulatory fines/penalties, and damages incurred to the VA Facility and harm caused to patients, visitors, and staff of the facility. Repairs must be completed to original construction and finish. The remediation efforts shall be performed to the satisfaction of the jurisdictional regulatory authorities and GEMS Program Manager.

i. In the event of spills and/or other personnel exposures occurring during waste collection, packaging, and transportation, the Safety Office will be immediately notified by phone following discovery of release. Notification in writing to the GEMS Office will occur no later than one (1) day after the initial telephone report. Clean-up shall be considered complete only upon final inspection and clearance by the Contracting Officer’s Representative (COR), Safety Office or GEMS Office.

I. Carriers shall be chosen, where possible, who do a minimum of interlining or intermediate stopping before reaching the disposal site. Waste containers shall not be unloaded until reaching the treatment/disposal site.

J. All hazardous, non-hazardous, universal, and neutralized DEA controlled substance wastes generated by VA Facilities will be disposed of by the Contractor in accordance with current Federal, State, and local guidelines governing disposal of wastes. All disposals are to occur off government property. 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:

i. Recycling of chemicals to another party for future use, if economically feasible and practical.

ii. Use of flammable waste as an alternative fuel.

iii. 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.

iv. Waste to incinerators.

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

K. Removal of wastes will normally be performed during the hours of 8:30 AM to 3:30 PM, Monday through Thursday, excluding Federal Holidays. The COR or GEMS Program personnel are available during these hours for the approval of manifests and other required documentation unless urgent circumstances require services during an unscheduled period. The Contractor is required to respond to pick-up requests within 48 hours of contact and coordinate pickup requests within 7 days of request.

L. It is the intent of this contract to have regular waste collection monthly (or for CBOCS, on an a twice per year basis). The COR or the GEMS Program Manager (or designated alternate) shall notify the Contractor of the necessity for the pick-up for unusual circumstances outside of the normal schedule. The Contractor is required to respond to the request within 48 hours. The Contractor must coordinate all pickups with the COR and the GEMS Program Manager (or designated alternate). The Contractor will be required to collect wastes within seven (7) calendar days of notification by government representatives.

Documentation A. The Contractor is required to comply with all Federal, State, and local regulations, policies and procedures regarding tracking, record keeping, manifesting and documentation of all hazardous, pharmaceutical, universal, and non-hazardous chemical wastes. The Contractor shall comply with all changes to such Federal, State, and local regulations and procedures which occur during the term of this contract. The Contractor shall provide to the Government any additional certifications that may be required because of changes in such laws.

B. The Contractor shall provide and maintain all licenses and permits, without additional cost to the Government, for operational personnel, trailers, containers, vehicles, and other resources required for proper removal of hazardous and non-hazardous chemical and pharmaceutical waste in accordance with all applicable Federal, State, Municipal, and local regulations. If appropriate permits and licenses are not maintained in accordance with applicable laws and regulations, the VA may terminate the contract effective upon discovery.

C. The Contractor shall provide all manifests and documentation (e.g. land disposal restrictions, certificates of destruction, etc.) that apply to the removal and disposal of hazardous, universal, and non-hazardous chemical wastes conducted by their workforces and/or subcontractors. The Contractor will furnish a properly executed and legible copy of the appropriate manifests required to document the safe shipment and proper disposal of hazardous, universal, and non-hazardous chemical waste generated by the Government under the terms of this contract. Contractor shall immediately correct any identified deficiencies discovered in manifests and documentation in a timely manner (maximum 14 calendar days).

D. In addition to providing the fully executed manifests within 35 days of waste collection, the Contractor will provide a properly executed and signed disposal certificate for each manifest to the GEMS Office within ninety (90) calendar days of removal of waste from the VA Facility. The disposal certificate will clearly indicate that all waste has been properly disposed of and will specify the site and date of disposal or incineration (90-day requirement). Exceptions to this must be approved by the COR or their designated representative.

E. The Contractor shall provide a quarterly report summarizing the prior quarter’s waste shipments – types of waste, classifications, weights, volumes, treatment and/or disposal method, and final treatment and/or disposal location to the COR and GEMS Program Manager on or before 20 calendar days after the quarter ends.

Supplemental Documentation The following shall be provided to the Contracting Officer with bid proposal submission for evaluation purposes:

A. Current waste transporter permit(s).

B. A legible and recent copy of each contract driver’s Motor Vehicle Record (MVR). Changes in driver staff will require this throughout the contract term when changes are made.

C. A written statement itemizing the following items for the past three (3) years. If there are none, then submit a signed and notarized statement to that effect.

i. All DOT reportable accidents.

ii. All environmental reportable accidents.

iii. All environmental fines, penalties, or Notice of Violations (NOV).

iv. Any consent decrees (Judgments).

v. Any pending litigation.

D. List of all transfer stations, treatment, storage, and disposal facilities (TSDFs) including incineration, landfills, wastewater, and sludge treatment facilities that shall be used 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.

E. A legible copy of the current License of valid Permit-To-Operate for each destination facility intended for use in this contract.

F. Certificates of training of staff and/or personnel who will perform site work under this contract showing that at least the minimum training required by law, as specified in 29 CFR 1910-120, 40 CFR Parts 260-265 and 49 CFR Parts 171-178, has been completed.

G. Provide the Contractor’s experience in hazardous waste packaging, transport, and disposal.

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

I. Provide a copy of certificate of registration with the Utah Department of Environment Quality as a hazardous waste hauler for each business entity operated by the Contractor that will provide hazardous waste transportation services for any aspect of the VA Facility waste disposal program.

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

K. 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.

L. Provide a list of names, titles, addresses, telephone numbers, pager/ cell numbers, facsimile numbers and e-mail addresses of key managers, supervisors, customer service and field service personnel performing under this contract.

M. 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.

N. A legible copy of the Contractor’s Emergency Spill Response and Remediation Plan.

O. Provide a contract liaison (and alternate) to coordinate and ensure the timely removal, transport, and disposal of all VA Facility hazardous, universal, and non-hazardous wastes. The contract liaison shall also serve as expeditor for any emergency removal requested by the COR or GEMS Program Manager (or designated alternate).

P. Contractor must provide written confirmation they have adequate insurance protection against negligent work and other forms of liability. The nature and level of protection must be acceptable to the VA CO.

Other Conditions and Stipulations A. In the operation and performance of services herein, the Contractor, its subcontractors, their employees, agents, and officers shall comply with all applicable Federal, State, and/or local laws, rules, regulation codes, standards, and ordinances now in force or hereafter enacted. Nothing in these specifications is to be construed as permitting work that does not conform to the pertinent regulations promulgated by the authorities having jurisdiction.

B. Provisions in this contract shall not constitute or operate as a waiver of any such provision, nor shall the failure to enforce any provision or of any other provision contained herein. If any provision of this contract shall for any reason be held to be invalid or unenforceable, such provision shall not in any way affect the validity or enforceability of any of the remaining provisions of this contract, and this contract shall be enforced as if such provision had not been contained herein.

C. The Government requires services on a recurring basis. There shall be no penalty or additional costs incurred should the frequency and/or estimated volumes change at a VA Facility.

D. The Contracting Officer’s Representatives (CORs), Safety Officer/Specialists, Industrial Hygienist, GEMS Program Manager (or designated alternate) and VA Police have the authority under this contract to present a verbal “stop work order” pertaining to job activity they believe represents an imminent hazard to life, property, or the environment. This verbal order shall be followed up by a written stop work order issued by the Contracting Officer as soon as feasible after the imminently hazardous situation has been stabilized or abated. VA will not incur additional costs if work is halted for good cause.

E. The Contractor shall be capable of accepting and successfully treating and destroying all hazardous waste, including any non-RCRA listed cytotoxic, antineoplastic, or chemotherapeutic agents involved. This also includes neutralized and solidified controlled substances.

F. The Contractor shall not be allowed use of government materials, equipment, and/or labor for completion of work under this contract.

G. The Contractor must report all injuries, accidents, or property damage occurring on VA Facility property Safety Officer and the COR immediately.

H. The Contractor is responsible for tracking invoices under this contract and for ensuring no invoice is submitted for payment if that invoice would exceed the amount of funding remaining on the current contract option.

I. Any contract transporter or incineration facility cited by Utah Department of Environmental Quality or the Environmental Protection Agency (EPA) with a “High Priority Violation” (HPV) within three (3) years of the date of publication of the Invitation for Bid on this contract is prohibited from bidding on or performing service on any part of this contract.

J. Any motor carrier rated as ‘UNSATISFACTORY” by the Federal Highway Administration’s Bureau of Motor Carrier Safety (BMCS) is prohibited from bidding on or performing service on any part of this contract.

K. All participating bidders must submit to the Contracting Officer a legible copy of all covenants, licenses, permits, approval, registrations and/or certifications which pertain to this contract on demand.

Part B – Supplies and Services Contractor shall provide waste pickup in accordance with requirements listed in this contract. Unit pricing must include all packaging material (including over packs, if required), labeling, all required paperwork, transportation to disposal site(s), and disposal of waste at an Environmental Protection Agency (EPA) approved facility. Paperwork requirements include completion of Waste Profile Sheets, Land Disposal Restriction Notification Forms (if applicable), Uniform Hazardous Waste Manifest (EPA Form 8700-22), Lab-Pack Drum Inventory sheets and any other paperwork deemed necessary by the VA Facility, the transporter, or the disposal facility.

Quantities and frequencies of each item listed in Table B.1 Price/Cost Schedule are estimates based on a per item estimated quantity at VA Facilities. The Contractor shall provide unit costs for the collection, transport, and disposal of each waste stream listed in Table B1.

Final disposition of waste will prioritize reuse, recycling, and reclaiming options first to reduce VA Facilities’ environmental impact. The Contractor shall provide additional Item Numbers in Table B1 where a particular waste stream may be recycled or reused in way that meets VA’s waste minimization objectives and where VA would realize a cost saving; for example, where waste streams may be used as alternative fuels or where waste streams may be treated and disposed of in a manner other than incineration.

Additional wastes streams not listed may be added to this contract by amendment by the Contracting Officer if such wastes are identified during the process of this contract. The description of supplies and services is not an exhaustive list.

Table B1. Price/Cost Schedule

B.2 PRICE/COST SCHEDULE

Hazardous pharmaceutical waste, Subpart P (PHRM) previously included RCRA Listed D001, D002, D003, and other D-, U-, P- listed pharmaceutical wastes. (“Black bin” wastes)

Contract Period: Base POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

Collection Frequency - Monthly

RCRA D001 Ignitable Wastes; flammable liquids such as Xylene, Methanol, Isopropyl alcohol, and Ethanol.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

RCRA D002 Corrosive characteristic hazardous wastes, solids, or liquid.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

RCRA D003 Reactive characteristic hazardous wastes, solids, or liquid.

POP Begin: 06-01-2023 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

All other RCRA-listed hazardous wastes, solid or liquid, (includes PCB waste)

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Non-RCRA Hazardous materials, unregulated, solid, or liquid, such as formalin solutions.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Oxidizer, solid or liquid, hazardous waste. RCRA D001 wastes that require DOT Hazard Class 5 transport.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Mercury and mercury containing compounds, solid or liquid, hazardous waste. Waste that does not meet the definition of Universal Waste/mercury-containing equipment (40 CFR part 273.9)

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Flammable solid and spontaneously combustible compounds, hazardous waste, flammable solid or spontaneously combustible liquid or solid. RCRA D001 wastes that require DOT Hazard Class 4 transport.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Universal waste, Pesticides, Herbicides, hazardous and non-hazardous waste solid or liquid.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Universal waste, Aerosols, all.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Universal waste, lamps - light tubes/bulbs, various.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Universal waste, batteries; typically lead-acid. May include other battery types such as nickel-cadmium, nickel-iron, lithium.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Universal waste, mercury containing equipment

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Used Oil. Typically includes refrigerator compressor oil, and small engine oil.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Potentially infectious waste mixed with hazardous waste, solid or liquid; “dual waste,” D001 & RMW, D002 & RMW, etc.

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Bulk liquid, non-hazardous for incineration

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Narc-X or Rx-Destroyer neutralized controlled substances

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Collection Frequency - As Needed

Cactus Smart Sink Cartridges neutralized controlled substances

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Waste pickup – Ogden CBOC

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Waste pickup – Orem CBOC

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Waste pickup – South Jordan CBOC

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Waste pickup – Roosevelt CBOC

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Waste pickup – St. George CBOC

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Waste pickup – Price CBOC

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Waste pickup – Idaho Falls CBOC

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Waste pickup – Pocatello CBOC

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Waste pickup – Elko CBOC

POP Begin: 06-01-2023 POP End: 09-30-2023

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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…