Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 24, 2019 FBO #6452
SOURCES SOUGHT

S -- 36C26319Q0819 - Hazardous Waste Services - STC

Notice Date

7/22/2019
 

Notice Type

Synopsis
 

NAICS

562211 — Hazardous Waste Treatment and Disposal
 

Contracting Office

Department of Veterans Affairs;Network 23 Contracting Office (NCO 23);113 Comanche Rd.;Fort Meade SD 57741
 

ZIP Code

57741
 

Solicitation Number

36C26319Q0819
 

Response Due

7/31/2019
 

Archive Date

8/30/2019
 

Point of Contact

Stephen Holly
 

Small Business Set-Aside

Service-Disabled Veteran-Owned Small Business
 

Description

VA Network Contracting Office 23, Black Hills, is issuing this Sources Sought Synopsis to determine the suitability for a Service Disabled Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), or other Small Business set-aside for Hazardous Waste Services for the Saint Cloud VAMC area (see Statement of Work below). This is not a request for quotes or proposals and any such submitted in response to this notice will not be evaluated. Vendors who are interested in this requirement should respond to this notice by providing: a. A short capability statement outlining their ability to provide the service b. A list of other contracts for similar service that they have been prime or a sub-contractor on c. Certification of their SDVOSB/VOSB status through VetBiz.gov (if applicable) d. Company DUNS number e. Company Contact information Annual workload estimate for this requirement is: Description of service Qty Provide all labor, equipment and supplies necessary to package, ship and dispose of DEA controlled substances. Apx. 4 Provide all labor, equipment and supplies necessary to package, ship and dispose of hazardous and non-hazardous waste. Apx. 12 Provide all miscellaneous services to support regulatory compliance including labels, profile services, formulary review, regulatory consultation, waste tests and reports. Apx. 10 Respond directly via email at: Stephen.holly@va.gov STATEMENT OF WORK (SOW) 1) Scope This is a Solicitation to accept offers and contract with a Contractor to provide waste management services in a manner that will A) maximize recycling and appropriate management at a reasonable cost to the VA and; B) minimize the VA s and the Contractor s liability; and C) protect the land, air, water, natural resources and public health. Applying these principles, it is the intent of the VA to obtain the best value for these services. This Statement of Work (SOW) describes a relationship to be established between the St. Cloud VA Health Care System (VA) and a Contractor to provide Hazardous Waste Management. The SOW also specifies contractual conditions and details the basis for the responses, the subsequent review, and the final selection process. PREFACE STATEMENT. THE INFORMATION CONTAINED IN THIS SOW DESCRIBES THE SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS APPLICABLE TO THE SOW AND SUBSEQUENT CONTRACT AND IS IN ADDITION TO THE GENERAL TERMS AND CONDITIONS. NOTE: Responses are to be prepared and presented in the same sequential order as the questions and requests for comments are presented in the Required Submittals Checklist document (Attachment A). Responses deviating from the request for proposal format and organization may be removed from further consideration. Responses are expected to provide a straightforward and concise description of the contractor s ability to meet the requirements. Costs for developing a response to this SOW are entirely the contractor s responsibility and shall not be chargeable to the VA or to any agency thereof. After award of the contract, the VA, with mutual agreement of the Contractor, reserves the right to add additional related services to the contract through a fully executed amendment. The Saint Cloud Veterans Affairs Health Care System (VA) located at 4801 Veterans Drive, Saint Cloud, Minnesota has a need for a contractor to provide services for hazardous, non-hazardous and specialty (i.e. hazardous pharmaceutical, non-hazardous pharmaceutical and dual [hazardous chemical and bio-hazardous combined) waste services that includes supplies, labeling, lab-packing, consolidation, shipment, manifesting, and consulting for the base period of one (1) year (period of performance: September 1, 2019 through August 31, 2020, with four (4) optional year renewals. Renewal of an Option Year is subject to availability of the next fiscal year funding-FAR 52.232-19. The Contractor must comply with all applicable Federal (US EPA, US OSHA, US DOT, etc.), State (MN OSHA, MPCA, etc.), interstate, national consensus standards (JC), and local requirements, rules, regulations and laws relative to the handling, removal, manifesting, transportation, management, disposal, destruction and/or treatment of hazardous, non-hazardous and specialty wastes. The Contractor and the Facility Contracting Officer s Representative (COR) or Technical Representative (TR) from the VA will arrange for a routine service for the facility. This will occur on a monthly, quarterly or other periodic basis depending on rate of generation Services needed include: Monthly shipments of hazardous, dual, universal and non-hazardous healthcare waste. Quarterly shipments of DEA controlled substances waste. All labor and equipment to package, transport, treat and dispose of waste. Technical expertise to categorize and profile waste prior to shipment and advise on federal, state, municipal and local regulatory compliance. Bi-annual pharmaceutical formulary review and report that identifies all listed and characteristic waste and codes including Minnesota specific waste codes. Electronic record keeping and reporting. Waste stream profiling prior to waste shipment which includes any supplies, sampling, sample shipping, analysis, paperwork, and technical review required to establish and maintain a waste stream profile. The cost to establish and maintain a waste stream profile is to be included in the Estimated Price List costs or if an additional cost then added to the miscellaneous Estimated Price list section. Ownership of waste materials shall pass from the VA to the Contractor upon the Contractor s initial handling of waste materials. When waste materials are processed and/or recycled by the Contractor or the Contractor s subcontractors, the VA shall not be liable for releases of hazardous substances, pollutants, or contaminants occurring a) during or after processing, or b) from process residues or by-products. 2) Contract Type SC VAHCS intends to award a Firm Fixed Price (FFP) contract to a qualified Contractor with the experience, expertise, resources, capability and capacity to provide the services needed. 3) Performance Period Services shall be provided during the base period through September 1, 2019 through August 31, 2020, with four (4) optional year renewals for the periods September 1, 2020 through August 31, 2021, September 1, 2021 through August 31, 2022, September 1, 2022 through August 31, 2023, and September 1, 2023 through August 31, 2024. 4) Work Hours Services shall be performed during the hours of 8:00 AM and 4:30 PM, Monday through Friday, excluding Federal Holidays. Department of Transportation (DOT) Hazardous Material (HazMat) certified personnel are available during those hours to sign shipping manifests and documents. Any service performed outside of normal working hours shall be approved in advance by the Contracting Officer s Representative (COR) at a price agreed to by the Contractor and Contracting Officer (CO). If appropriate, the (CO) may authorize additional services under a separate purchase order. chemi Federal Holidays observed by the VA include: New Year s Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day 5) Permits, Licenses and Regulatory Compliance All services, articles or equipment offered and furnished shall comply fully with all state and federal laws and regulations. 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), Joint Commission (JC), Minnesota Department of Health (MDH) requirements Department of Transportation (DOT) and requirements in other States applicable to the transportation and disposal of waste that crosses state lines. The Contractor, and any subcontractors employed by the Contractor, shall secure and maintain for the initial term of the Contract and any subsequent extensions all permits, licenses, insurance, certificates, approvals, fees, duties, and inspections necessary for the execution, performance of services hereunder, and completion of the Contract. 6) Records and Reports The Contractor shall provide electronic services for all waste profiles, recordkeeping, and reporting needed to operate and manage the VA hazardous waste management program. All manifests, waste determinations, waste generation data, shipping information, and other data required for the proper execution of this contract will be maintained by the Contractor and accessible to the SC VAHCS electronically. Electronic services shall include, not be limited to the ability for the VA to view and download waste profiles and summaries, view and download certificates of disposal and destruction, track manifests to and download detailed waste data and transportation summaries, track waste to its final destination including the method of treatment or disposal, download and export data for annual and biennial reports, and view invoices. Prior to the shipment of waste, the Contractor will furnish properly prepared waste profiles for waste streams and furnish properly prepared and legible copy(ies) of the appropriate manifests and shipping papers. Fully executed manifests will be provided to the SC within thirty days of shipment. Fully executed manifests are designated facility to generator manifest copies. The Contractor will provide a certificate of disposal for all waste disposed clearly indicating proper treatment and disposal. The Contractor shall provide and complete all required shipping papers, land disposal restriction forms, container labels and markings, and vehicle placarding. The Contractor shall apply container labels, markings and vehicle placarding in accordance with RCRA and Department of Transportation requirements. The shipping papers shall include: 1) the name and address of the originating site; 2) transporter and destination; 3) the description and quantity of each waste stream in the consignment; 4) unique container tracking numbers and 5) the dated signatures of generator, transporter and receiving facility verifying the chain of control of the waste materials. The Contractor shall provide the required emergency response information and 24-hour emergency response telephone number and information service (49 CFR Part 172, Subpart G). Upon request and at the frequency and within the timeline requested by the COR, the Contractor shall provide waste tracking reports free of charge. The report shall track waste materials from the VA to the final destruction facility. The description of the VA s waste stream must be clearly traceable to Contractor Facilities, Transporters, and Subcontractors and subsequent shipment invoice. Certificates of disposal/destruction shall also be included for all waste streams and PCB wastes which have been destroyed in accordance with the requirements of 40 CFR 761.218. The Tracking Report shall include: VA name, location and EPA ID number manifest number DOT shipping name of each waste material quantity of each waste material listed on the manifest drum weight and tare weight of each material listed on the manifest the container identification number(s) name and location of the original receiving facility; manifest number and receiving facility for all subsequent shipments of the waste name and location of the facility at which the waste is currently located waste management method(s) employed to manage waste materials at each of the facilities. The document will clearly identify the disposition (in storage, recycled, disposed, converted and/or destroyed) of all waste materials managed during a calendar year. At the request of the VA, a certificate that documents and attests to the conversion, recycling, disposal, reuse or refurbishment, and/or destruction of all waste materials and process residuals accepted and managed under the terms of this Contract shall be provided to the CO and COR. The certificate shall also contain the name of the VA, name and address of the facility, date of conversion, recycling, disposal, reuse or refurbishment, and/or destruction, identification of the waste material by waste stream as listed on the invoice, management/processing technology used, unique identification number from shipping papers, and unique identification number from the associated invoice. The certificate shall show tracking of the waste material from the VA to the final facility. Certificates shall be provided to the COR within thirty (30) days of the conversion, recycling, reuse or refurbishment, disposal or destruction of the waste material. 7) Transportation The Contractor shall provide waste transportation services which include, but are not limited to, consolidating containers, loading, completing paperwork, labeling, placarding, transporting the waste from the VA to an authorized waste management facility, and all subsequent transporting of the waste through final disposition. The cost for waste transportation shall be included in the Estimated Price List. 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 truck or van transporting hazardous waste must have an emergency spill clean-up plan and basic cleanup equipment on board. The Contractor will use trucks with lift gates. The Contractor shall provide mobilization and transport services in accordance with the requirements set forth and in compliance with all applicable Department of Transportation requirements, and with those requirements set forth in Minn. Rules. The Contractor shall be capable of completing a waste pickup within five (5) working days of receiving a request by a COR or TR. If the Contractor is unable to honor a request to transport waste, the Contractor shall immediately notify the COR and TR and provide written explanation of the reason for its inability to honor the request and shall provide a date when the Contractor will pick up the wastes. The VA retains the right to cancel the work order request and to utilize the services of another Contractor. The Contractor shall notify the COR and TR of any change in the waste pickup date at least two (2) working days prior to the scheduled waste pickup date. The Contractor shall notify the COR and TR of any change in the waste pickup time at least two (2) hours prior to the scheduled waste pickup time. If all the waste designated for shipment cannot be transported as requested due to the unpreparedness or the failure of the Contractor to have the proper equipment and supplies to properly transport the waste, the VA shall not be responsible for additional mobilization costs incurred by the Contractor to complete the shipment. 8) Waste Spill or Release Should waste be spilled or released during the performance of services, through no fault of the VA, 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 VA. 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 and TR 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) Safety The Contractor shall take such safety precautions as the CO or COR 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 Contractor s designated representative, 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. 10) 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. 11) 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. Timely shipment of hazardous, dual, universal and non-hazardous healthcare waste and DEA controlled substances waste. Timely and properly completed manifest and shipping papers. Sufficient and competent personnel including personnel with expertise to perform waste characterizations, profiles and consultation services. Sufficient equipment and supplies in good working condition. Fully functional electronic record keeping and reporting system accessible always. 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. 12) Personnel Contractor personnel who perform services for the VA 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 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 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. The Contractor must notify the CO, COR and TR of changes in the Contractor s key administrative personnel named in the Response, in advance and in writing. Any employee of the Contractor who, in the opinion of the VA, is unacceptable, shall be removed from the project upon written notice to the Contractor. In the event that an employee is removed pursuant to a written request from the CO, the Solicitation Contractor shall have 10 working days in which to fill the vacancy with an acceptable employee. If the need arises to add or remove any of the Contractor s key personnel named in the Response to the Required Submittal Checklist (Attachment A) part of the SOW, whether permanently or temporarily, the Contractor must provide written notification two weeks in advance to the CO, COR and TR. This notice is only required if the change is for more than 10 consecutive workdays excluding normal vacation leave. If the Contractor is adding personnel, the written notification should include the proposed individual s name and his or her resume. If the CO does not approve the proposed change(s), the CO will respond in writing within two weeks. The Contractor shall provide the staffing levels necessary to service the needs of the VA and to perform the work required. The Contractor shall employ sufficient, knowledgeable staff to meet the service requirements. The Contractor shall have an employee available at all times who is able to communicate in English with VA personnel regarding tasks and specific requirements of the Solicitation. For pickup and shipping of waste material, the Contractor shall prepare shipping papers and markings in English in compliance with the shipping requirements of 49 CFR Part 172.201(a)(2), 49 CFR Part 172.304 (a)(1) and 49 CFR Part 177.817. The Contractor shall be solely responsible for the health and safety of its employees and subcontractor s employees in connection with the services performed. The Contractor shall maintain all required Health and Safety Plans, which shall meet all applicable laws, regulations, rules, standards, and ordinances. The Contractor shall ensure that all Contractor s employees and those of all subcontractors have received all of the training and monitoring required to properly and safely perform the services. Such training and monitoring includes, but is not limited to, all applicable sections of the Federal Occupation, Safety and Health Administration (OSHA) laws, Superfund Amendments and Reauthorization Act (SARA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and Resource Conservation and Recovery Act (RCRA). Further, the Contractor shall provide all employees with necessary personal protective equipment, such as special clothing and head, respiratory, eye, hand and foot protection. At the request of the VA, the Contractor shall provide copies of training records for staff. The Contractor s personnel must have sufficient, to be determined by the VA, training and experience in the state of Minnesota and mastery of MPCA hazardous waste rules. Prior to the performance of any work under this Contract and to ensure the safety and security of all employees, data, customers, and assets, the Contractor shall conduct a new Background Check on all individual(s) selected for work under this contract prior to each individual working on-site, whether an employee or sub-contractor. The selected individual(s) shall be required to complete and submit any required consent forms. The Contractor shall be responsible for the review and evaluation of Background Check results, in compliance with all state and Federal laws. Costs related to Background Checks conducted by Contractor shall be the sole responsibility of Contractor. At a minimum, a Background check must include: Criminal History Check (Including, but not limited to, County or State, State of Minnesota Bureau of Criminal Apprehension, and the National Sex Offender Registry.); Social Security Number and Address Verification; FBI Identity History Summary Check; and Other legally required checks (drug tests, Mantoux tests, fingerprints, tax records, etc.). All terms of the SOW apply to Authorized Facility, Transportation, and Labor Subcontractors. The Contractor shall be responsible for the compliance of its subcontractors in meeting the terms and conditions outlined including the insurance requirements, and with all applicable federal, state, and local laws, rules, regulations and ordinances. The Contractor shall be fully responsible for all arrangements for subcontractors and for all payments to subcontractors. No subcontractor may be used without prior written authorization by the VA. Failure to use a subcontractor without prior authorization by the VA may result in cancellation of the Contract. Notwithstanding approval of the VA, no subcontractor shall serve to terminate or in any way affect the primary legal responsibility of the Contractor for timely and satisfactory performance of its obligations. 13) Identification, Dress, and Smoking Regulations Contractor employees shall wear visible contractor identification always while on VA premises. Dress shall consist of uniforms, khakis, or similar clothing along with work shoes. Jeans are not allowed. Smoking is prohibited except in designated locations. Possession of weapons or contraband is prohibited. 14) Indemnification The Contractor shall indemnify, protect, save and hold harmless the VA, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the VA arising from the performance of the Contract by the Contractor or its agents, employees, or subcontractors. This indemnification does not include liabilities caused by the VA s gross negligence or intentional wrongdoing of the VA. This clause shall not be construed to bar any legal remedies the Contractor may have with the VA s failure to fulfill its obligations pursuant to the Contract. In addition, the Contractor shall also indemnify, protect, save and hold harmless the VA, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the VA arising out of any pollution, environmental damage or adverse effects on the environment or impacts to human health related to the waste materials and process residuals after acceptance of the waste materials, or while waste materials are in the possession of the Contractor, its agents, employees, or subcontractors. 15) Penalties and Fines The Contractor shall satisfy all applicable regulatory agency requirements. In the event a regulatory agency assesses a monetary fine against the VA for violations caused by the Contractor, the contractor shall reimburse the VA for the fine. The Contractor acknowledges that damages may be incurred by the VA due to delays or other actions or inactions by the Contractor in providing Contract services. These damages are in addition to any remedies available under this Contract. Damages may include, but are not limited to, the following: Costs for storage and/or labor associated with preparing waste materials for shipment if the Contractor cannot pick up waste materials as requested by the VA in accordance with the Contract; Administrative costs and loss of productivity in locating an alternate Contractor or source for services; Fines and/or penalties assessed to the VA if waste materials are not removed from the VA within the regulatory timeframe; Fines and/or penalties assessed to the VA related to the improper or inadequate provision of Contract Services, including, but not limited to, completion of the shipping papers or manifests, completion of land disposal ban forms, container labeling and marking, or container management; Costs for waste materials managed at unauthorized facilities. The VA is not responsible for management or transportation costs when waste materials are managed at unauthorized facilities. The Contractor is responsible for the costs incurred to recover waste materials from unauthorized facilities and the cost to redirect the waste materials to authorized facilities; The Contractor agrees that the VA shall have the right, in addition to other remedies, to liquidate such damages through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by direct billing of the Contractor. 16) Authorized Services Only the services specified in the SOW will be authorized under the contract. The CO in consultation with the COR may authorize additional services or repairs under a separate purchase authorization. Reimbursement will not be made unless prior authorization is obtained. In no case shall the Contractor use a transporter, facility, or subcontractor without having received a written authorization from the CO. The CO and COR retains the right to disapprove the use, or continued use, of any transporter or facility or any subcontractor at any time. The Contractor shall retain and maintain the facilities, transporters and subcontractor labor needed to provide all Contract services throughout the term of the Contract, or the VA may, at its option, cancel the Contract. Upon request of the VA, the Contractor shall provide information for any facility, transporter or subcontractor it uses or intends to use. This information may include: Copies or summaries of audits conducted by or for the Contractor; Third party or internal audits of Contractor owned facilities; Financial information such as audited financial statements including auditor s opinion, or audited tax statements for the last four years, or SEC 10K reports, or other financial information required by the VA; A description of the permitted or operational capabilities of the facility, or transporter; Copies of inspection reports and correspondence related to inspections or audits conducted by local, State and federal regulatory agencies in the past three years; Verification of management of waste materials in accordance with the approved Waste Management Plan; Verification of management of process residuals in accordance with the approved Waste Management Plan; Site sampling and analysis data from monitoring wells, soil sampling and air monitoring, etc.; A summary of releases and corrective actions; Transporter safety and violation history; Copies of applicable insurance certificates; and Verification of the use of documented procedures in the laboratory as defined in the laboratory s quality assurance manual for the Contractor s lab or for any laboratory used by the Contractor. The VA, through the CO, reserves the right to request that the Contractor provide information for periodic review of authorized facilities, or transporters. That information may include, but is not limited to, updates to the original audit information and the information listed above, as well as a description of any changes in the permitted or operational capabilities of the facility or transporter. The Contractor shall provide the requested information within two weeks of the request. If the Contractor wishes to request authorization of an additional facility, transporter or labor subcontractor, the Contractor shall contact the CO and COR. The Contractor shall provide a completed Waste Management Plan, including an audit form, and any other information requested by the VA. The VA may also conduct an on-site audit, in which case the Contractor agrees to authorize access to the site by the VA or its designated representatives. The VA may also opt to acquire an audit or financial reports prepared by an independent third-party auditor. The VA will review the information collected and make a determination whether to authorize the additional facility, transporter or labor subcontractor to provide Solicitation services. Any waste material or process residual shipped to non-authorized facilities will be recovered and managed at the appropriate authorized facility at the expense of the Contractor. The VA will not pay waste management or transportation costs for any waste materials or process residuals shipped to non-authorized facilities that cannot be recovered from the non-authorized facility. Nonperformance by shipping waste materials or process residuals to non-authorized facilities, transportation by non-authorized transporters, or use of alternative technologies that have not received prior approval from the CO and COR is not allowed. 17) Acceptance of Terms and Conditions The contents of the SOW and the response of the successful Contractor will become Contractual obligations, along with the final Contract, if acquisition action ensues. A statement of acceptance of the proposed Solicitation Terms and Conditions, unless taken exception to as specified in the SOW, must be included in the response. Any suggestions for alternate language shall be presented. The VA is under no obligation to accept wording changes submitted by the Contractor. The VA is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as nonresponsive. The Contractor(s) shall have 10 days following commencement of the Contract to establish a primary and secondary contact to provide direct and timely service and invoice information to the VA and a toll-free number, a fax number and e-mail capabilities for use by the VA for Contract related inquiries. Business calls and e-mail from VA shall be returned by the Contractor within one business day. 18) Contractor Experience and Qualifications The Contractor shall have a minimum of five years experience in owning and operating a hazardous waste management business. The Contractor must be able to provide the services and products called for in the solicitation document and the required insurance. The Contractor shall have controlling ownership and operate at least two RCRA permitted treatment, storage or disposal facilities. One of these facilities must be RCRA permitted to incinerate hazardous The Contractor shall comply with all applicable laws, regulations, rules, standards and ordinances of the states through which waste materials and process residuals are transported, processed, stored, recycled, blended for fuel, treated, burned as fuel and disposed. Proposed treatment, storage, processing and disposal facilities must be licensed, permitted or otherwise approved by the appropriate regulatory authority and shall possess financial assurance in an amount that will allow for proper waste and residuals management and facility cleanup and closure. The Contractor warrants it is qualified to perform the services herein and will do so in a safe and professional manner and in compliance with all governmental laws, rules, regulations, ordinances and orders. The Contractor shall correct any failure to conform to the terms, requirements and conditions within the time frame agreed to in written notification from a COR or the CO. If the issue cannot be corrected to the satisfaction of the COR, written notice of the issue shall be provided to the CO. The Contractor shall conduct and document due diligence assessments of all transporters and facilities used to manage waste materials under this Contract. All waste materials shall be managed only at facilities that meet the terms of the Contract. Records shall be kept that demonstrate that all facilities that receive waste materials comply with the terms of the Contract. For a due diligence assessment of any processing, recycling or disposal facility that receives waste materials, the Contractor shall ensure that: Facilities are fully licensed by all applicable governing authorities. Facilities have a written plan describing the facility s risk management objectives for environmental, health and safety performance and compliance and its plan for attaining these objectives. Facilities take sufficient measures to safeguard occupational and environmental health and safety. Such measures may be indicated by local, state, national laws, rules, regulations, ordinances, agreements, principles and standards, as well as by industry standards and guidelines. Personnel receive Environmental Health and Safety training. Appropriate measures are taken to protect workers, the general public and the environment from hazardous dusts and emissions. Such measures may include, but are not limited to, adaptations in equipment design or operational practices, airflow controls, personal protective devices for workers, pollution control equipment or a combination of these measures. Facilities have an up-to-date, written plan for reporting and responding to releases that could impact human health or the environment, including emergencies such as accidents, spills, fires, and explosions. Facilities have liability insurance for releases, accidents and other emergencies. Facilities complete an Environmental Health and Safety audit, preferably by a qualified independent auditor, on an annual basis. Facilities have an on-going and documented monitoring and recordkeeping program that tracks key process parameters, compliance with relevant safety procedures, effluents and emissions, and incoming, stored and outgoing waste materials. Facilities have adequate plans for closure. The adequacy of closure plans and financial guarantees is determined by local, state and national regulations, agreements, principles and standards, as well as by industry standards and guidelines, considering the level of risk. Facilities are financially sound. This may include review of financial information such as audited financial statements including auditor s opinion, or audited tax statements for the last four years, or SEC 10K reports, or other financial information required by the VA. 19) Additional Related Services If additional related services not listed on the Estimated Price List become available through the Contractor, the Contractor may provide the additional related services in accordance with all terms, conditions and specifications contained in the Contract. The Contractor shall submit a description of the additional related service to the CO and COR. The VA reserves the sole right to add any additional related services proposed by the Contractor to the Contract. The VA may issue an amendment to the Contract to include additional related Contract Services. 20) Waste Management Plan As part of its proposal, the Contractor shall develop and submit a detailed Waste Management Plan (Plan) that addresses each waste stream listed on the Estimate Price List. The purpose of the Plan is to provide a description of the proposed management steps and information about the proposed transporters and facilities involved in handling any waste accepted and managed and how waste process residuals (such as ash, sludge or tank bottoms) that result from the treatment of the waste accepted are managed in accordance with the terms of this SOW. The Contractor is expected to describe its ability to utilize the preferred waste management methods for all waste streams listed in the Estimate Price List and its ability to manage waste in accordance with the requirements in this SOW. The Contractor agrees to utilize the facilities, transporters and technologies as listed in the Plan. If the Contractor is unable to utilize the listed facilities, transporters or technologies, a written request to utilize an alternate facility, transporter or technology must be provided to the CO and COR. The written request shall include, at a minimum, the information listed in this Section. The Contractor shall not utilize an alternate facility, transporter or technology or alter the Plan without the prior written approval of the CO and COR. The VA requests that the proposer limit the total number of facilities proposed to those needed to provide full service and reasonable cost alternatives in order to ensure that the VA s liability is minimized. As attachments to the Plan, complete and submit a Facility Audit Form for each waste management facility proposed to be used to manage waste and process residuals. Attachment B includes a blank waste management facility audit form. Attach extra pages where more room for responses is required. Extra pages should be labeled with the Proposer s name and a reference to the applicable section of Audit Form. The VA will use the information contained in the audit forms and any additional information gathered by the VA, or submitted by the Proposer, to determine whether to authorize the facilities and transporters to manage waste materials under the Contract resulting from this SOW. Failure to respond with complete and accurate information may deem a proposal to be non-responsive. The VA reserves the right, at the VA s option, to conduct on-site audits of proposed facilities and transporters and to reject any proposal for which a facility or transporter fails an audit. The VA reserves the right not to authorize a facility or transporter. If the VA determines not to authorize a proposed transporter or facility based on its review of collected information, the Proposer, solely at the VA s discretion, may be allowed to propose a substitute facility or may be determined to be unqualified to fulfill the terms of this Contract. Provide a list of all facilities, transporters and subcontractors. List, for each, the name, address, contact person s name and telephone number, fax number, e-mail address, EPA ID or DOT transporter number as applicable, the waste management method, and the Price List line items or process residuals managed at each facility. Attachment D, List of Contractor Facilities, Transporters and Subcontractors provides the desired format for this list. The Attachment D, List of Contractor Facilities, Transporters and Subcontractors, and all revisions during the initial Contract term and all Contract extensions must be kept up to date by the Contractor for the VA. The Contractor s Attachment D, List of Contractor Facilities, Transporters and Subcontractors, including all future versions, the completed Audit forms, and the Waste Management Plan Flow Diagrams may not be listed as Not Public or Trade Secret, or the response may be rejected. For each of the waste streams listed on the Estimated Price List of this SOW, include a description of the management steps involved in the handling of each waste stream, from collection from the VA to the point of reclamation, use, reuse or disposal of the wastes and all process residuals. (See Attachment E, the Example Waste Management Plan Flow Diagrams.) The Plan should clearly define the transportation, storage, processing, recycling/reuse, end markets, treatment, and/or disposal methods proposed for each waste stream and its process residuals. In the Plan address mobilization of vehicles, supplies and staff to VA sites and transport of the VA's waste to waste management facilities. Include the following information on its own transportation services or its subcontractor s transportation service: A completed audit form 2 of Attachment C, the Transporter Audit Form for each transporter to be used to provide Contract services. A summary of transport capabilities including an inventory of transport vehicles by type, capacity and location that will be dedicated to this Contract; The current frequency of Contractor waste pickups in Minnesota; and A description of how the VA will request transport services from the Contractor and the expected Contractor response time for requested services. Describe how Mobilization will be scheduled. Clearly describe how the Contractor will apply per mile charges for each type of mobilization. Describe the Contractor s ability to provide shipping papers in accordance with Section 6. 21) 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. Invoices shall reference the contract number, purchase order number, manifest number(s), a complete and accurate description of services including dates of performance, amounts, unit prices, extended totals and any other data relevant for payment purposes. The Government shall not authorize payment until such time that the VA COR receives all properly executed and signed documentation. A copy of the designated facility to generator shipping paper signed by an authorized representative of the receiving facility shall be attached to the invoice. The Contractor shall provide waste material management information to the VA as an attachment to the invoice. The information shall include the waste management method, management facility used and an accounting of the status of all containers that have been recycled or are in storage, including containers that have been transported to a secondary management site. 22) Price The prices for waste materials management services shall include all inherent costs including, but not limited to, costs related to: waste materials management empty container management establishing and maintaining waste profiles (including sample collection and analysis) transportation costs labor (other than that listed on the Price List) equipment depreciation or rental storage providing work orders invoicing waste tracking documentation including but not limited to shipping papers, container labeling and certificates of recycling and disposal Administrative Fees operating fees insurance costs direct costs overhead and profit annual reporting, and fuel. The cost for waste material transportation shall be included in the individual waste stream pricing on the Price List. The VA will not pay any additional charges beyond the price(s) listed in the response, unless otherwise provided for by law or expressly allowed by the terms of the solicitation. NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (22-JUL-2019); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT 877-472-3779 or fbo.support@gsa.gov REGARDING THIS ISSUE.
 

Web Link

Link To Document
(https://www.fbo.gov/spg/VA/VABHHCS568/VABHHCS568/36C26319Q0819/listing.html)
 

Place of Performance

Address: Department of Veterans Affairs;VAMC St. Cloud;4801 8th Street;St. Cloud, MN

Zip Code: 56303-2015

Country: USA
 

Record

SN05376793-F 20190724/190722230012 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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