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The Department of Veterans Affairs Network Contracting Office 2 is issuing this Sources Sought synopsis as a means of conducting market research to identify parties having an interest in and the resou... The Department of Veterans Affairs Network Contracting Office 2 is issuing this Sources Sought synopsis as a means of conducting market research to identify parties having an interest in and the resources to support this requirement for Hazardous Waste Removal at the James J Peters VA Medical Center, 130 W. Kingsbridge Rd, Bronx NY 10468. The result of this market research will contribute to determining the method of procurement. The applicable North American Industry Classification System (NAICS) code assigned to this procurement is 562112. THERE IS NO SOLICITATION AT THIS TIME. This request for capability information does not constitute a request for proposals; submission of any information in response to this market survey is purely voluntary; the government assumes no financial responsibility for any costs incurred. STATEMENT OF WORK TITLE: Hazardous Waste Disposal Service BACKGROUND: The James J. Peters VA Medical Center (Bronx, New York) is committed and proudly serves the VA, Bronx Campus, providing the best possible environment for health care to veterans and the highest standards of service to customers. We do this by improving and maintaining our physical structures and by providing the equipment, supplies, testing and preventive maintenance necessary to support excellence in health care. The Engineering Service has a need for hazardous waste disposal services at the James J. Peters VA Medical Center. PLACE OF PERFORMANCE: Department of Veterans Affairs James J Peters VA Medical Center 130 West Kingsbridge Rd. Bronx NY 10468 PERFORMANCE PERIODS: The Requirements contract shall be for a period of up to 12 months, with four option years. Proposed performance periods are as follows: Base Year: Award Effective Date October 1, 2023 through September 30, 2024 Option Year 1: October 1, 2024 through September 30, 2025 Option Year 2: October 1, 2025 through September 30, 2026 Option Year 3: October 1, 2026 through September 30, 2027 Option Year 4: October 1, 2027 through September 30, 2028 Orders will be made from the Requirements contract and shall not exceed 12 months duration. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK The primary requirement of this contract is the classification, labeling, packing, transport and ultimate disposal or treatment of hazardous waste and universal waste generated at the specified VA medical facility. Typical hazardous wastes generated at these facilities includes but is not limited to: pharmaceutical waste, flammable liquid waste, corrosive liquid waste, reactive, non-regulated waste, lab packs (incineration and treatment), mercury waste, lead paint chips, asbestos (limited to material resulting from in-house minor asbestos projects), silver rich effluents from photographic processes, compressed gas cylinders (all sizes), paint waste, used oil, U.S. Drug Enforcement Administration (DEA) Controlled Substances that are also subject to the Resource Conservation and Recovery Act (RCRA), and universal waste. Typical universal wastes generated at these facilities include but is not limited to: spent fluorescents, lamps and batteries. The contractor shall also provide emergency response to situations involving spill or release of hazardous waste and require abatement. The primary contractor and any subcontractors must possess the necessary technical expertise and resources required by all applicable federal, state and local regulations including but not limited to: 29 Code of Federal Regulations 29 CFR 1910.120, 40 CFR Protection of Environment. WASTE PACKAGING, DISPOSAL AND GENERAL REQUIREMENTS The contractor shall furnish all necessary labor, materials, tools, equipment, travel, transportation, documentation and disposal services for the classification, labeling, packing, transport and ultimate disposal or treatment of hazardous waste and universal waste generated at the specified VA medical facilities on an as needed basis. Work shall be performed in accordance with all applicable federal, state and local regulations. The contractor shall be responsible for properly containerizing, classifying, segregating, labeling, storing, transporting, treating and disposing of hazardous and universal waste. The contractor shall furnish all containers and packing materials. Packaging of Waste will be in the most economical manner which shall minimize total cost to the Government. The contractor shall 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: Recycling of chemicals to another party for future use. The processing of chemical waste (at a facility approved for such processing by an appropriate state or federal agency) in a manner that renders it no longer a hazardous waste as defined in the 40 CFR series. These processes include (but are not limited to): Chemical neutralization and detoxification. Thermal treatment (e.g. incineration, pyrolysis). Reprocessing or recovery followed by recycling/reuse. The long-term internment (burial) in a secure chemical landfill site approved for such by the appropriate state or federal agency. Acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal site does not constitute disposal and/or completion of the Contract. It is the contractor s responsibility to obtain all necessary documentation to prove that the disposal of all items has been accomplished. On-site Services- removal of waste from the Satellite Accumulation Areas to the Main Accumulation Areas will be performed on a weekly basis. VA will maintain full occupancy of the site for the duration of the services required under this contract unless an exigent emergency requires localized evacuation (e.g., discovery of potentially unstable wastes). The contractor shall not interfere or hinder the daily operations of the Medical Center while performing services. The James J Peters VA Medical Center typically require waste clean-outs every month (12 per year). Orders for waste clean-outs shall be completed (i.e. picked up from a Government facility and in the process of disposal) within ten business days of placement with the contractor. On-site work at VA facilities shall be performed by qualified individuals with appropriate training, and all required licenses and certifications. Training shall include the minimum required by law, including but not limited to both the requirements of 29 CFR 1910.120 and the requirements of 49 CFR Part 172 Subpart H training. Training should be supplemented with Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Department of Transportation (DOT) and New York State Department of Environmental Conservation (DEC) regulations. Subcontractors may not work on site at VA facilities for routine services unless the subcontractor and all personnel are properly trained; licensed; and certified, and they are accompanied by a qualified prime contractor employee (exceptions may only be made in the case of Emergency Response). All personnel, both contractor and subcontractor, providing services under this contract must be properly licensed and certified, and are subject to approval by the VA to perform work under the contract. A Hazardous Waste Specialist shall sign a Hazardous Waste Manifest QA/QC form and attest to the accuracy of the labeling, packaging and completed hazardous waste manifests. If removal of potentially explosive waste(s) is required; the contractor shall contact regulatory agencies (e.g. NYSDEC, County Explosive Ordinance Team). VA staff shall not be required to assist in the transport of hazardous waste from storage to transport vehicles and/or provide any labor, tools or materials in the performance of this contract. KEY PERSONNEL The prime contractor must employ a minimum of (1) qualified Hazardous Waste Specialist with 49 CFR Part 172 Subpart H training certification and a 29 CFR 1910.120 training certification who will be on site at all VA facilities when field work is being conducted. Appropriate handling of waste is essential for the safety of Government and contractor employees as well as cost containment. A Hazardous Waste Specialist with a Certified Hazardous Materials Manager (CHMM) credential or its equal is required for administrative oversite, quality assurance and quality control for this contract. In addition to a specialist there has to be a chemist (at minimum 2 people). LAB PACKS The contractor shall be responsible for properly containerizing, classifying, segregating, labeling, storing, transporting, treating and disposing of lab-packs (several sealed containers of compatible hazardous wastes into a larger vessel along with packing material in order to transport the wastes to a disposal/incinerator facility) as needed. Lab Packs shall be prepared in the most economical way possibly while remaining compliant with all applicable regulations. WASTE PROFILES The contractor shall prepare profiles of chemicals (if needed) with information provided by the VA. The contractor shall be responsible for any required chemical analysis including (but not limited to) pH testing, solid content analysis, etc., which can be performed at the collection site. The contractor shall also identify and classify unknown waste using laboratory analysis and promptly provide the VA with analytical result in writing, as well as relevant hazard characteristics of the unknown substance(s). If waste has been previously misclassified, the contractor shall promptly notify the VA and all appropriate governmental entities. The contractor is responsible for analytical cost associated with any misclassified waste. ELECTRONIC DATA BASE FOR MANIFESTS AND HAZARDOUS WASTE PROFILES The contractor shall provide the VA access to an electronic, on-line data base for the management of hazardous waste to include: access to electronic copies of the facility waste profiles for review and approval, completed copied of the hazardous waste manifests, Bill(s) of Lading (BOLs) and all other information required to complete the NY State Annual Hazardous Waste Report as required by 6 NYCRR Parts 372, 373 and 483. (e.g., Description of Hazardous Waste; EPA Hazardous Waste Code(s); State Hazardous Waste Code(s); Off-Site Handler EPA ID Number; Quantity Received in Calendar Year Being Reported; Unit of Measure; Form Code(s); and Management Method Code(s), profiles of hazardous waste associated with health care, copy of completed hazardous waste manifest and capability of generating semi -annual hazardous waste reports identifying types and quantities of hazardous waste generated at all VA facilities. The contractor shall provide an electronic quarterly report of waste streams with the description of the waste, weight, waste codes, manifest number and costs on a spreadsheet. The contractor shall provide electronic copies of hazardous waste manifests that are signed and dated by the Treatment Storage Disposal Facility (TSDF) within 30 days of waste shipment. The contractor shall ensure VA facilities have been sent and received hard copies of signed and dated hazardous waste manifests within both New York State and federal regulated timeframes. Annual review of Pharmacy formulary Annual written waste characterizations in a binder with a description of how the waste characterization was performed (SDSs, analytical testing, generator knowledge). All waste manifests must be entered in the myRCRA database, including waste manifests for waste shipped outside of the US (i.e. Canada). EMERGENCY RESPONSE The contractor shall be listed as the Emergency Responder of Record in the Medical Center s Hazardous Waste Contingency Plan and/or Spill Prevention, Control and Countermeasure Plan as set forth in 40 Code of Federal Regulations (CFR) Part 265 and 40 CFR Part 112. Hazardous waste spill or release emergencies will require the contractor to arrive on site to initiate clean- up within two (2) hours of notification. If the emergency clean-up work is subcontracted, the Prime contractor must arrive on site for oversight of emergency hazardous material spill operations within 8 hours of notification. Emergency labor will be billed at the rate specified in the price schedule for on-site labor only. Travel to and from emergency response may not be billed separately. Any disposals resulting from emergency response shall be billed at the rate specified in the price schedule for that waste stream. The contractor shall possess the capability to respond within this two (2) hour on-site framework to assess any potentially unstable/reactive hazardous substance identified, and to perform complete abatement within twenty-four (24) hours. The contractor shall be responsible for providing emergency first responder services in the event of a spill of hazardous materials/wastes, radiological wastes and universal wastes. The contractor must be able to perform the following tasks, to include, but not limited to: identify spilled product, conduct spill mitigation activities (e.g., containment, diversion from storm drains), neutralize spilled product, provide expert advice concerning products and their potential impacts, undertake spill cleanup activities, handle and dispose of spilled product and residuals, and prepare appropriate documentation on behalf of the facility. ACCIDENTAL SPILLS OR RELEASE DURING TRANSIT The contractor shall immediately perform clean-up, decontamination and disposal of waste that the contractor spills or releases during the performance of this contract either on-site or during transportation of waste. The contractor shall verbally report all such Spills to the facility GEMS Coordinator or designee immediately. The contractor shall report all spills in writing to the facility GEMS Coordinator and COR within five (5) days of each spill. The contractor also shall indicate in this written notice what actions will be taken to prevent future Spills. The contractor shall be responsible for all costs associated with a spill and leak cleanup of the waste. No cost will be charged to the VA. Any federal, state, local or other fines and penalties that result from a spill caused by the contractor or their subcontractor shall be the responsibility of the prime contractor. Additionally, any noncompliance penalties fined to the VA because of unmet deadlines or regulatory noncompliance relating to services described in this contract shall be borne by contractor. INSPECTION OF STORAGE FACILITIES The contractor shall provide VA staff the opportunity to inspect any facility (or subcontractor s facility) used for the storage and/or disposal of hazardous materials within two (2) weeks of written request. LICENSES AND PERMITS The contractor will, without additional cost to the Government, provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles and other resources required for contract performance in accordance with all applicable federal, state, and local regulations (e.g. OSHA, EPA, MPCA, Joint Commission, 49 CFR (DOT) including, but not limited to HM-181 and New York State Part 364 Waste Transporter Permit). CONTRACTOR HEALTH AND SAFETY It is the contractor s responsibility to take adequate measures to protect their staff. At no time may the contractor s actions or performance cause harm or the potential for harm to any VA employee or patient. The contractor shall provide at their cost the appropriate personal protective equipment (PPE) to their employees. The VA reserves the right to halt work if it is being done in an unsafe / unhealthy manner or that could harm the environment. VA will not incur additional costs if work is halted for good cause. TASK ORDERS Estimated task orders with a Not to Exceed funding limit will be issued in writing via SF 1449. The COR and Facility Green Environmental Management System (GEMS) Coordinators will be authorized to place calls orally, or by email or fax up to the limit established on the estimated task order. An authorized VA user list will be provided upon award. The Not to Exceed limit of an estimated task order may only be increased or decreased via written modification signed by the contracting officer. At the time of contract award, the contractor shall provide a reasonable means to initiate service calls (e.g. fax number or dedicated email). The VA will initiate orders by providing chemical name(s), quantities and location of waste to be removed. The turnaround time for completion of this task order begins once the initial order information has been sent to the contractor. A telephone number for emergency response must be provided. The maximum 2-hour emergency response time begins when the number provided is called. INSURANCE NOTE: These requirements are in addition to those found in FAR clause 52.228-5. For all additional insurance described in this section, the following shall apply: Insurance coverage shall be in contractor's name and shall name as additional insured s The Department of Veterans Affairs and employees. The policy for such insurance shall be issued by a New York State admitted carrier with a current A.M. Best's rating of not less than A-VI. If such coverage is written on a claims-made basis, the contractor warrants that any retroactive date applicable to such coverage under such policy precedes the effective date of this Contract and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of one (1) year beginning from the time that the Work is completed. The contractor shall maintain in force for the full period of this contract Contractor's Pollution Legal Liability Insurance (Fixed Site Environmental Impairment Liability) covering losses caused by pollution conditions that arise from the operations of the contractor pursuant to this contract. Such coverage shall apply to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured, cleanup costs and defense, including costs and expenses incurred in the investigation, defense or settlement of claims and shall include Operations and Haulage. Such coverage shall be written in an amount not less than five million dollars ($5,000,000) per loss, with an annual aggregate of at least ten million dollars ($10,000,000). The contractor shall maintain in force for the full period of this Contract Commercial Automobile with Pollution Legal Liability Insurance. Such insurance shall include Transportation of Hazardous Waste Coverage. Such insurance shall be in an amount not less than two million dollars ($2,000,000) per occurrence combined single limit with an annual aggregate of at least five million dollars ($5,000,000). The contractor shall maintain in force for the full period of this contract Excess Liability Insurance (Off-Site Environmental Impairment Liability). Such insurance shall include the following provisions: Such coverage shall apply to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured, cleanup costs and defense, including costs and expenses incurred in the investigation, defense or settlement of claims and shall include Operations and Haulage. Such coverage shall be written in an amount not less than five million dollars ($5,000,000) per loss, with an annual aggregate of at least ten million dollars ($10,000,000). PERFORMANCE MONITORING The attached Quality Assurance Surveillance Plan (QASP) sets the performance standards and metrics specific to this contract.