CAPABILITIES STATEMENTInterested parties shall submit a Capabilities Statement, BRIEF and CONCISE, that clearly demonstrates ability to meet the stated requirements. The Capabilities Statement should present evidence that the interested party feels is relevant. All interested firms responding to this Sources Sought Notice are required toprovide a capability statement which needs to include:
- Company Name- Point of Contact Name, Phone Number and Email- Business Status (i.e., 8(a), HUBZone, Woman-owned, SDVOSB, Large, etc.)- Dunn & Bradstreet Number- Commercial and Government Entity (CAGE) Code- Indication of Current Systems for Awards Management (SAM) Registration (i.e.,SAM and Online Representations and Certifications (ORCA) registration, etc.)- Capabilities statement (i.e., similar government and commercial contracts forCollection, Transportation, and Disposal of Hazardous Waste, pertinent information, organizational structure, etc.)
The period of performance shall be for one (1) Base Period of approximately 9 months and four (4) 12-month option periods.
Prior Government contract work is not required for submitting a response under this sources sought synopsis.
Interested Firm's shall respond to this Sources Sought Synopsis no later than 10:00 a.m. CST on November 15, 2018. All interested firms must be registered in System for Award Management (SAM) at the time of award to be eligible for award of Government contracts. Email your response to firstname.lastname@example.org.
POINT OF CONTACT: Erika Cannaday, email@example.com. Submit Capabilities Statements by 10:00 a.m. Central Standard Time on November 15, 2018.
Contracting Office Address:Great Lakes Acquisition Center115 S 84th StreetMilwaukee, WI 53214-1473
Places of Performance:Edward Hines Jr. VA Hospital5000 South 5th AvenueHines, IL 60141-5000
Primary Point of Contact:Erika CannadayContract Specialisterika.firstname.lastname@example.org
DRAFT STATEMENT OF WORK
SCOPEContractor to furnish all labor, materials, personal protective equipment and transportation necessary to provide quarterly packaging, bulking, labeling, inventory, manifesting, and proper disposal of hazardous waste at the Edward Hines Jr. VA Hospital. All services shall be performed and accomplished in accordance with all federal, state, and local regulations, and in accordance with the terms,conditions, specifications, and schedule of the subject contract.
PLACES OF PERFORMANCE Services will be provided to the following locations:
Edward Hines Jr. VA Hospital5000 S 5th AvenueHines, IL 60141-5000
PERIOD OF PERFORMANCEBase Period: 1/1/2019 9/30/2019Option Year 1: 10/1/2019 9/30/2020Option Year 2: 10/1/2020 9/30/2021Option Year 3: 10/1/2021 9/30/2022Option Year 4: 10/1/2022 9/30/2023
HOURS OF OPERATIONNormal hours of operation are Monday through Friday from 7:30 am to 4:30pm, excluding holidays. All services will be performed during normal hours of coverage, unless requested or approved by the COR or designee.Holidays include: New Years Day Labor Day Martin Luther King Day Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day And any other day specifically designated as a national holiday by the President of the United States.
PROCEDURES FOR PROVIDING SERVICEContractor shall provide a Green Disposal Management Plan that includes an environmentally friendly process for disposing hazardous materials.
Contractor shall make a quarterly pickup of specified hazardous waste material,and be available on an on-call basis for inventory of same. Emergency pickup may also be made on an on-call basis, and must be provided within 24 hrs (including holidays and weekends) of notification by the COR or designee.
Hazardous material spill service (non-emergency) is to be provided on an as needed basis within 24-48 hours of notification by the COR or designee.
Emergency spills will be handled at the discretion of the COR or designee by any source deemed necessary to ensure the safety of the facility and personnel. All funding for any emergency must be approved by Contracting Officer.
The COR or designee will contact representatives of the contractor s company and request qualified contractor personnel to perform an inventory of chemicals tobe removed. The inventory shall include the names, quantities and types of containers of various forms of hazardous waste(s).The COR or designee will assess priorities and make direct arrangement with thecontractor for pickup scheduling.
The contractor shall report to the GEMS Manager and be assigned to the facilityrepresentatives who will accompany the contractor to the various pickup points and shall communicate as necessary with hospital staff to provide access to secured areas for the contractor.
The contractor shall provide to the COR or designee a list of items to be removed from the station before the contractor removes these items.
6. PACKAGING, MATERIALS AND LABELINGContractor shall supply all packing and container materials. Contractor shall supply all labels and placards necessary to bulk or lab-pack identified materials, as necessary, and satisfy Federal, State and Local laws for package content identification, transportation over public thoroughfares and transfer to any company involved in the destruction, recovery or burial of hazardous material. Contractor shall be responsible to bulk and/or lab-pack hazardous materials, as necessary.Said labels and placards shall be of size, shape, color and format required by regulatory bodies and affix by the contractor in accordance with requirements orpractices in the industry common at this time.
7. CONTRACTOR S PERSONNEL INVOLVED IN HANDLING, PACKAGING, TRANSPORTING OF HAZARDOUS MATERIAL
The contractor shall have one assigned knowledgeable representative and one knowledgeable alternate, with whom the VA Hospital will communicate regarding the following: all required packaging and removal of hazardous waste; analysis of material being removed; labeling of containers; filling out of manifests and packing lists; and scheduling of shipments. If the contractor s assigned representative is changed, the contractor will promptly provide updated information to the Contracting Officer.
8. LISTING AND MANIFESTINGContractor shall come on station and list all materials being packaged in a lab pack form and all materials packaged by the VA Hospital in drums or containers, or transferred from the VA Hospital storage containers to contractor s containers (i.e., bulking). This shall constitute a packing list.
A manifest shall be created by the contractor on forms provided by the contractor and shall be in compliance in their format and information contained with allFederal, State Municipal and Local laws. Contractor shall be responsible for submission of all necessary manifest documents or records to all federal, state and local agencies, and the COR.
9. WASTE DISPOSAL PICKUP LOCATIONContractor shall pick up hazardous material from each satellite site or central location designated by the VA Hospital, and shall be responsible for providing whatever transport equipment, personal protective equipment, supplies and labor necessary to move said wastes to contractor s vehicle. Contractor shall also be responsible for the disposal of said chemicals and the containers in which they are stored.
Contractor shall also transport all necessary supplies, containers and packaging materials to each satellite site pickup point or a central area designated by the VA Hospital.
10. METHODOLOGY FOR DESTRUCTION, RECOVERY, OR BURIALThe contractor shall choose methods for destruction, recovery or burial, of allmaterials removed from VA facilities under this contract, which pose the least impact on the environment or ecosystem. These methods may include but are not limited to recycling, fuel blending, alternative energy use or other environmentally friendly options, provided the methods are in compliance with all Federal, State, Municipal and Local laws. The preferred methods of the VA are destruction or recycling, if applicable.
The original certification of proper disposal/destruction must be forwarded to the COR at the VA Hospital.
11. SUPPLEMENTAL INSURANCE REQUIREMENTSIn accordance with FAR 28.307-2 and the previous clause, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensated under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000 per occurrence.
(c) Automobile liability: $250,000 per person; $500,000 per occurrence and $100,000 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance
12. HAZARDOUS WASTE DEFINITION
Categories of Hazardous Waste(s) are identified in compliance with 40 CFR Part 261.13. LICENSES AND PERMITSContractor shall be properly licensed by Federal, State and Local authorities to provide pickup, removal and disposal of hazardous waste.
Contractor shall attach copies of all licenses and permits indicated above withtheir offer at time of offer due date.
Contractor shall provide name, address, contact name and phone number of all disposal facilities to be used under this contract, with their offer at time of offer due date.
14. RESPONSIBILITY FOR ACCIDENTAL SPILL OF HAZARDOUS WASTE MATERIALContractor shall be completely responsible for any and all spills of waste material that occur during the inventory, packaging or transportation of waste materials to any site for destruction, recovery or burial. Contractor is responsiblefor any damage or loss suffered by the Government or injury suffered by any government employee as a result of any spills of hazardous waste caused by the contractor.
15. HAZARDOUS WASTE EXCEPTIONSThe VA Hospital shall not request the removal of radioactive material in conjunction with this contract.
16. REPORTING DOCUMENTSContractor shall be responsible for generating, or assist in preparing, all reports and documentation in conjunction with the amount, transport, disposal or destruction of all waste material under this contract including regulated, non-regulated, universal, recycling and all other waste removed. This shall include submission of copies of the manifests/bills of lading of disposal/destruction/recycling/any other final disposition to all Federal, State and Local agencies.
Contractor shall be responsible for submission of a quarterly report summarizing the total amounts in pounds, gallons, drums or other quantification as applicable reported on the manifest/bill of lading of regulated, non-regulated, universal, recycling and all other waste removed during the fiscal year.
17. ORIENTATION FOR CONTRACTOR EMPLOYEESContractor shall attend an orientation meeting as arranged by the Contracting Officer s Technical Representative (COR). The VA will schedule this meeting and it will include discussion of the following topics: (VA will provide informationto the contractor regarding these topics and will document the meeting)
Fire and SafetyInfection controlDisaster proceduresHazardous communicationGEMSOther
The Contractor shall be responsible to ensure that Contractor employees coming to the work site will receive the information required above.
The Contractor shall be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.
To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List ofExcluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.
19. HIPAA COMPLIANCE
Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA).In accordance with HIPAA, the Contractor is NOT required to enter into a Business Associate Agreement (BAA) with VA.20. SECURITY
Removal of hazardous waste material may include Patient Labels affixed to products being disposed. Incidental exposure to sensitive information is highly possible. Contractors should be appropriately badged and should follow all applicable rules when entering any restricted areas.
21. SECURITY REQUIREMENTS
ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMSA contractor/subcontractor shall request logical (technical) or physical accessto VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specifiedin the contract, agreement, or task order.
VA INFORMATION CUSTODIAL LANGUAGEInformation made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).
SECURITY INCIDENT INVESTIGATIONThe term security incident means an event that has, or could have, resulted inunauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
LIQUIDATED DAMAGES FOR DATA BREACHConsistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involvingany SPI the contractor/subcontractor processes or maintains under this contract.Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:(1) Notification;(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;(3) Data breach analysis;(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.
TRAININGAll contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to access to VA information and information systems;(2) Successfully complete the VA Cyber Security Awareness and Rules of Behaviortraining and annually complete required security training;(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and(4) Successfully complete any additional cyber security or privacy training, asrequired for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules ofBehavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on thecontract until such time as the training and documents are complete.APPENDIX D
CONTRACTOR RULES OF BEHAVIORThis User Agreement contains rights and authorizations regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the Department of Veterans Affairs (VA). This User Agreement covers my access to all VA data whether electronic or hard copy ("Data"), VA information systems and resources ("Systems"), and VA sites ("Sites"). This User Agreement incorporates Rules of Behavior for using VA, and other information systems and resources under the contract.
GENERAL TERMS AND CONDITIONS FOR ALL ACTIONS AND ACTIVITIES UNDER THE CONTRACT:
a. I understand and agree that I have no reasonable expectation of privacy in accessing or using any VA, or other Federal Government information systems.
b. I consent to reviews and actions by the Office of Information & Technology (OI&T) staff designated and authorized by the VA Chief Information Officer (CIO) and to the VAOIG regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA. These actions may include monitoring, recording, copying, inspecting, restricting access, blocking, tracking, and disclosing to all authorized OI&T, VA, and law enforcement personnel as directed by the VA CIO without my prior consent or notification.
c. I consent to reviews and actions by authorized VA systems administrators andInformation Security Officers solely for protection of the VA infrastructure, including, butnot limited to monitoring, recording, auditing, inspecting, investigating, restricting access, blocking, tracking, disclosing to authorized personnel, or any other authorized actions by all authorized OI&T, VA, and law enforcement personnel.
d. I understand and accept that unauthorized attempts or acts to access, upload, change, or delete information on Federal Government systems; modify Federal government systems; deny access to Federal government systems; accrue resources for unauthorized use on Federal government systems; or otherwise misuse Federal government systems or resources are prohibited.e. I understand that such unauthorized attempts or acts are subject to action that may result in criminal, civil, or administrative penalties. This includes penalties for violations of Federal laws including, but not limited to, 18 U.S.C. §1030 (fraud and related activity in connection with computers) and 18 U.S.C. §2701 (unlawful access to stored communications).
f. I agree that OI&T staff, in the course of obtaining access to information orsystems on my behalf for performance under the contract, may provide information about me including, but not limited to, appropriate unique personal identifiers such as date of birth and social security number to other system administrators, Information Security Officers(ISOs), or other authorized staff without further notifying me or obtaining additional written or verbal permission from me.
g. I understand I must comply with VA s security and data privacy directives and handbooks. I understand that copies of those directives and handbooks can be obtained from the Contracting Officer's Technical Representative (COR). If the contractor believes the policies and guidance provided by the COR is a material unilateral change to the contract, the contractor must elevate such concerns to the Contracting Officer for resolution.
h. I will report suspected or identified information security/privacy incidentsto the COR and to the local ISO or Privacy Officer as appropriate.
GENERAL RULES OF BEHAVIOR
Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the securityof their computer and the information it contains is an essential part of theirjob.
The following rules apply to all VA contractors. I agree to:(1) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.(2) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.(3) I will not use other equipment (OE) (non-contractor owned) for the storage,transfer, or processing of VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE.(4) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.(5) Not attempt to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COR or ISO. If I am allowed or required to havea local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.(6) Contractors use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.(7) Grant access to systems and information only to those who have an official need to know.(8) Protect passwords from access by other individuals.(9) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the particular system in question.(10) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive informationin storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA.(11) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COR for policies and guidance on complying with this requirement and will follow the COR's orders.(12) Ensure that the COR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information throughthe use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.(13) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COR.(14) Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COR.(15) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COR for policies and guidance oncomplying with this requirement and will follow the COR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.(16) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and useinformation assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall orintrusion detection software errors, or significant alert messages to the COR.(17) Understand that restoration of service of any VA system is a concern of all users of the system.(18) Complete required information security and privacy training, and complete required training for the particular systems to which I require access.
ADDITIONAL CONDITIONS FOR USE OF NON- VA INFORMATION TECHNOLOGY RESOURCESa. When required to complete work under the contract, I will directly connect to the VA network whenever possible. If a direct connection to the VA network is not possible, then I will use VA approved remote access software and services.
b. Remote access to non-public VA information technology resources is prohibited from publicly-available IT computers, such as remotely connecting to the internal VA network from computers in a public library.
c. I will not have both a VA network line and any kind of non-VA network line including a wireless network card, modem with phone line, or other network devicephysically connected to my computer at the same time, unless the dual connection is explicitly authorized by the COR.
d. I understand that I may not obviate or evade my responsibility to adhere to VA security requirements by subcontracting any work under any given contract or agreement with VA, and that any subcontractor(s) I engage shall likewise be bound by the same security requirements and penalties for violating the same.
4. STATEMENT ON LITIGATIONThis User Agreement does not and should not be relied upon to create any other right or benefit, substantive or procedural, enforceable by law, by a party to litigation with the United States Government.
5. ACKNOWLEDGEMENT AND ACCEPTANCEI acknowledge receipt of this User Agreement. I understand and accept all termsandconditions of this User Agreement, and I will comply with the terms and conditions of this agreement and any additional VA warning banners, directives, handbooks, notices, or directions regarding access to or use of information systems or information. The terms and conditions of this document do not supersede the terms and conditions of the signatory s employer and VA.
_______________________ _________________________Print or type your full name Signature
_______________________ _________________________Position Title Date
_______________________ _________________________Office Phone Contractor s Company Name
ItemDescriptionEst QtyU/MMax QtyUnit PriceTotal Price001Corrosive Labpacks430-gal.drum6
004Poison LabPacks (Solid)1030-gal.drum12
005Poison LabPacks (Liquid)85-gal. drum10
007Hazardous Waste Solid/LiquidN.O.S.265-gal. drum28
008Waste EnvironmentallyHazardous (fixer & development)455-gal. drum6
009WastePreservatives (Formaldehyde)1055-gal. drum12
011Mercury, up to 460 mg incontainer430-gal. drum6
Page 1 of
Page 14 of 14Page 1 of012CompressedGas Cylinder (H- Sized)10H-Sized Cylinders20
014Batteries (including but not limited to Lead Acid, Lithium, &NiCad)455-gal. drum6
015PharmacyWaste: P and U125-gal. packs14
016Pharmacy Waste: Non- credit worthy drugs
Quality Control3255-gal. drums
017Lead Items (Shielding, Collars, Vests, &Amalgam455-gal. drums6
019Identification of Unkown Chemicals- Testing &Profiling8Per test10
020Non-Hazardous WasteSolid/Liquids N.O.S.2055-gal. drum12
Hourly Rate for Emergency Spills/Pickups*: _$
*This will not be used to calculate overall price. It is for determining price reasonableness only.
Total for Base Period: _$
SET-ASIDE: Veteran-Owned Small Business