030ADV24R0024.pdf

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Library of Congress Hazardous Waste Disposal
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030ADV24R0024
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This solicitation requests hazardous waste disposal services for the Library of Congress facilities in Washington DC, Maryland, and Virginia. The selected contractor must comply with all federal, state, and local regulations for waste identification, transportation, treatment, storage, and disposal. Services include waste pickup, analysis when needed, emergency response within timeframes specified, and final disposal meeting all regulatory requirements. Pricing will be firm fixed price for materials, transportation, and labor costs. The period of performance is a five year base period from May 2024 to April 2029. Responses are due by February 29, 2024.

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PAGE 1 OF1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

See SCHEDULE

030ADV24R0024 02-09-2024

Leonard, David 02-29-2024

5PM EST

Contracts and Grants Directorate Library of Congress

101 Independence Ave. SE LA 325 Washington DC 20540-9411

X

N/A

X

DELIVERY

See Sections D&F for delivery instructions.

Contracts & Grants Directorate Library of Congress

LA 325

101 Independence Av SE Washington DC 20540-9411

Submit Invoices through https://www.ipp.gov Washington DC 20540

See CONTINUATION Page

0.00 See CONTINUATION Page

X X

Leonard, David

030ADV24R0024

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 LC52.216-3 CONTRACT TYPE (JUN 2016)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION F - DELIVERIES OR PERFORMANCE

F.1 LC52.211-1 DELIVERIES (APR 2015)

F.2 LC52.211-2 DELIVERIES TO THE LIBRARY OF CONGRESS, CAPITOL HILL CAMPUS (JUN 2021)

F.3 DELIVERY SCHEDULE

F.4 LC52.215-5 PLACE AND PERIOD OF PERFORMANCE (JAN 2019)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LC52.201-3 CONTRACT ADMINISTRATION (AUG 2015)

G.2 LC52.204-5 IDENTIFICATION AND BUILDING PASSES (DEC 2014)

G.3 LC52.232-1 LIBRARY OF CONGRESS INVOICE INSTRUCTIONS (DEC 2022)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LC52.201-1 CONTRACTING OFFICER'S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (JAN 2016)

H.2 LC52.203-1 CONTRACTOR PUBLICITY (OCT 2013)

H.3 LC52.204-1 COLLECTIONS SECURITY (DEC 2013)

H.4 LC52.204-2 CONDUCT ON LIBRARY PREMISES (JUL 2021)

H.5 LC52.204-4 CONTRACTOR EMPLOYEE FITNESS (AUG 2023)

H.6 LC52.237-1 KEY PERSONNEL (AUG 2014)

H.7 LC52.237-2 CONDUCT OF WORK (MAY 2015)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

I.3 52.216-18 ORDERING (AUG 2020)

I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

030ADV24R0024

I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.6 LC52.204-6 SPEECH OR DEBATE CLAUSE PRIVILEGE NOTICE AND PROTECTION AGAINST DISCLOSURE (SEP 2017)

I.7 LC52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEV) (FEB 2016)

I.8 LC52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (DEV) (MAY 2015)

I.9 LC52.216-1 ORDER PLACEMENT – SINGLE AWARD INDEFINITE DELIVERY, INDEFINITE QUANTITY (FEB 2016)

I.10 LC52.216-1A ORDER PLACEMENT - ALTERNATIVE ORDERING PROCEDURES (FEB 2015)

I.11 LC52.228-70 INSURANCE REQUIREMENTS - WORK ON LIBRARY PREMISES (DEC 2014)

I.12 LC52.232-25 PROMPT PAYMENT (DEV) (JUL 2013)

I.13 LC52.233-1 52.233-1 (DEV) DISPUTES (MAY 2014)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

K.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND

DISCLOSURES (DEC 2023)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 LC52.233-2 PROTESTS TO THE LIBRARY OF CONGRESS (DEC 2013)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

030ADV24R0024 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 LC52.216-3 CONTRACT TYPE (JUN 2016)

This is an Indefinite Delivery, Indefinite Quantity contract that permits issuance of firm fixed price task orders. Pricing shall be in accordance with the pricing in attachment J-1

Contract Minimum: $100

Contract Maximum: $1,000,000

(End of Clause)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5.00 YEAR _______________

Hazardous Waste Disposal Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2029

GRAND TOTAL _______________

030ADV24R0024 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Statement of Work

1. BACKGROUND

1.1 The Library of Congress (LOC) requires a qualified Contractor to provide management, removal and disposal of hazardous and universal waste from its buildings and facilities in accordance with all applicable Federal, State, and Local regulations and guidelines. The Contractor shall comply with all requirements for waste identification, transportation, reporting, treatment, storage, and disposal under the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, and the Toxic Substance Control Act of 1976, as amended, and all re-authorization of these acts in place or newly enacted during the life of the contract, other Federal regulations including but not limited to 40 CFR , 29 CFR, and 49 CFR, any analogous state or DC hazardous waste management regulations in place or newly promulgated during the life of this Contract.

1.2 In performing its mission, the LOC generates various hazardous, universal, TSCA, radioactive, Drug Enforcement Agency (DEA) regulated waste, recyclable materials, and non-hazardous wastes that require disposal.; including but not limited to spent solvents, photographic wastes, corrosives, and expired shelf-life hazardous materials. For the purpose of this contract, all of these items are included in the definition of hazardous and non-hazardous wastes, and shall be transported from LOC facilities for treatment, recycling, or disposal by the Contractor. Contractor should note that this list is not all inclusive of the wastes that could potentially be generated by the LOC and therefore covered under this contract. Contractors also should note that this contract does not include Municipal Solid Waste and Recycling as defined in RCRA Subtitle D.

2. SCOPE

2.1 The scope of this contract includes functions necessary for the Library of Congress (LOC) to comply with Federal, state, and District of Columbia waste management and emergency response requirements for its facilities in the District of Columbia, Maryland, and Virginia. The selected contractor will comply with all requirements for waste identification, transportation, reporting, treatment, storage, and disposal under the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, and the Toxic Substance Control Act of 1976, as amended, and all re-authorization of these acts in place or newly enacted during the life of the contract, other Federal regulations including but not limited to 40 CFR , 29 CFR, and 49 CFR, any analogous state or DC hazardous waste management regulations in place or newly promulgated during the life of this Contract.

3. REQUIREMENTS

3.0 SERVICES

3.1 Basic Services: The Contractor, who shall not be a hazardous waste broker, shall retrieve hazardous and non-hazardous waste, identify unknown waste, as necessary segregate waste, safely package waste, and generate all required records related to waste transportation and disposal. Contractor shall transport, store, treat and dispose the waste at an appropriately licensed or permitted facility with a history of compliance with environmental laws and regulations (submit a history of regulatory compliance). The Contractor shall be able to dispose of liquid, solid, or gas waste and treat or recycle that waste and provide a certificate of destruction. The Contractor shall not use landfills.

a) The Contractor shall remove any materials, wastes, or byproducts generated because of services performed under this contract. Contractor shall not store any wastes or associated equipment temporarily on LOC’s premises without the approval of the COR. The Contractor shall be responsible for the cleanup of any spills made at a Library of Congress facility. The Library of Congress will not be liable for onsite Contractor spills.

b) Contractor shall provide services for emergency and non-emergency spills of hazardous materials and/or waste at LOC facilities and shall prepare final reports as per applicable to meet regulatory requirements.

c) Contractor shall provide personnel, materials, and support equipment necessary to pick-up, remove, transport and dispose hazardous waste from the Library’s buildings and facilities.

d) Contractor shall provide all necessary trained personnel (per 49 CFR, 29 CFR, and 40 CFR requirements where applicable), materials, safety equipment, vehicles, licenses, services and facilities (except as otherwise specified) required for preparation, over packing, pick-up, and treatment, recycling or disposal of hazardous and non-hazardous wastes from the LOC facilities.

e) Contractor shall provide its own equipment for waste and emergency removal operations. All such activities shall be performed in accordance with all applicable Federal, state, local laws/regulations and Library of Congress regulations.

f) The Contractor shall transfer collected waste into the vehicles used for transportation to the LOC approved Treatment Storage and Disposal Facility (TSDF).

g) For non-bulk items, the Contractor shall provide portable scales for weighing the waste. Portable scales must have a minimum capacity of 1,500 pounds. For the purpose of the activities performed under this contract, scales that are permanently affixed or built into a vehicle are considered portable scales. Prior to the use of portable scales at each waste pick-up location, Contractor must demonstrate reasonable weight accuracy to the COR. All wastes transported off-site must be weighed. Items such as pallets, boxes, and stripping that are not integral parts of the packaging for the waste and are not being transported off-site by the Contractor shall not be included in the weight of the waste. Due to conditions at certain waste pick-up locations, the COR may choose to estimate weight through the calculation procedure described below, or other methods agreed to between the COR and the Contractor.

h) The weight of bulk items shall be determined by one of the following methods described below. The method used will be the one deemed most accurate and agreed upon by the Contractor and the COR in writing:

- Actual weight using commercial scales.

- Calculated weight. As an alternative to weighing the waste, the weight of bulk shipments may be computed, provided the specific gravity of the waste is known and the volume actually picked up is determined.

i) Bulk Waste Removal. It may be necessary for the Contractor to pump liquids, solids, and sludge from tanks. The Contractor shall furnish a collection vehicle equipped with vacuum pumps and hoses. Each pumping truck shall have at least 100 linear feet of hose. Pumps and hoses shall have the capability to safely handle the types of wastes to be collected and be able to remove all liquids, solids, and sludge from tanks that can be removed without agitation or introduction of other materials into the tanks.

j) Waste Pick-up. Regular waste pick-up shall be carried out by a team consisting of individuals that are thoroughly trained in DOT, EPA, and OSHA regulations. These individuals shall be knowledgeable in all procedures and precautions necessary for safe movement, handling, and packaging of the hazardous and nonhazardous wastes that require management under this contract.

One of these individuals must possess the qualifications of an environmental technician; the other should be a laborer.

3.2 Spill Response and Cleanup

a) Contractor shall be responsible for providing, at no cost to the LOC, all cleanup services and materials for all releases (as defined in 40 CFR 302.3) and all spills of wastes under control of the Contractor or any subcontractors, from the point of pick-up (including and repackaging by the Contractor) to, and including, the point of ultimate treatment, storage, or disposal. There should be one primary point of contact for the Library of Congress with the Contractor.

b) Cleanup of spilled or released wastes or chemicals shall be performed in accordance with all applicable regulations and to the extent necessary to return the contaminated area to its original condition prior to the release. The contractor staff shall be trained as necessary in accordance with 40 CFR 264.16 and 29 CFR 1910.120.

3.3 Sampling and Analyses

3.3.1 Sampling

a) The Contractor shall provide all sampling equipment, containers, materials, personnel, sample packaging and shipping, and laboratory services necessary to properly sample, analyze, and characterize hazardous and non-hazardous wastes generated by LOC (including wastes of unknown composition) for transportation, treatment, or disposal. Standard sampling and analytical protocols, as specified by the EPA, DOT, or other agencies that have jurisdiction, shall be used unless the COR specifically requests special procedures. Except as provided below, the results of any analysis must be reported to the COR within twenty-one (21) calendar days.

Analysis shall be performed by an EPA certified (approved) laboratory. As directed by the COR, the Contractor should be prepared to sample and analyze wastes for hazardous waste characteristics (e.g., flash point; corrosivity; TCLP metals, volatiles, semi-volatiles, and herbicides), PCBs, and other hazardous constituents identified under RCRA and analogous state regulations.

b) Handling of Samples. The Contractor shall maintain a sufficient inventory of sampling equipment and containers to conduct sampling operations. Samples shall be collected in appropriate containers, labeled with waterproof ink, and closed immediately after collection.

Label information shall minimally contain the name of the sample collector, date and time of collection of the sample, sample collection location, sample type, and sample log number. After samples are collected, custody seals shall be placed over the container lid such that the container cannot be reopened without breaking the seal. If the container is damaged, the container shall be placed in a plastic bag of a least two (2) mils thickness and sealed to reduce the possibility of leakage. The Contractor shall ensure decontamination of all sampling equipment in accordance with EPA state environmental agency protocols.

c) Shipment of Samples. All samples shipped to outside laboratories shall be labeled, described, packaged, and shipped in compliance with the provisions of 40 CFR 261.4.

3.3.2 Analyses

a) Required On Site Analytical Capability. The Contractor shall at a minimum provide and maintain all materials and equipment necessary to complete the following on-site analyses. Contract personnel also shall perform these analyses as needed and have 40 CFR required training on sampling and analytical procedures required:

i) pH of liquids as determined by a pH meter using either an EPA-approved test method or equivalent test method approved by the Administrator of the EPA or state regulatory agency under the provisions set forth in 40 CFR 260.21 or analogous state regulations;

ii) Field estimation of pH by use of wide-range pH papers accurate to plus or minus one ph unit;

iii) Field estimation of pH by use of wide-range pH papers accurate to plus or minus one ph unit;

iv) Estimation of the concentration of PCBs in electrical transformer fluids (or fluids contained in other types of electrical equipment) by use of field test kits. Kits with detection ranges of 0-50 and 50-500 parts per million shall be provided by the Contractor.

3.3.4 Emergency Services:

a) The Contractor may be required to provide expedited sampling and analysis of waste samples.

When such services are requested by the COR, the Contractor shall (1) collect a sample(s) within 24 hours of the request, and (2) provide the results of laboratory analysis within 7 days of the collection of the sample.

b) The scope of this contract includes functions necessary for the LOC to comply with Federal, state, and District of Columbia waste management and emergency response requirements for its facilities in the District of Columbia, Maryland, and Virginia.

c) The Contractor shall provide emergency disposal within 48 hours of notification for items that are no longer safe to store onsite.

3.4 Contractor shall provide for services for the following LOC buildings and facilities and any other buildings or facilities occupied and/or operated by LOC during the term of this contract:

Capitol Hill Campus

a) Thomas Jefferson: 10 First Street S.E. Washington DC

b) James Madison: 101 Independence Avenue S.E. Washington DC

c) John Adams: 110 2nd Street S.E. Washington DC

d) Childcare Center: 601 East Capitol Street S.E. Washington DC

Other Washington DC

a) Taylor Street Annex, National Library for the Blind and Print Disabled, 1291 Taylor St. NW Washington, D.C. 20011

Maryland

a) Cabin Branch Warehouse1505 Cabin Branch Dr. Hyattsville, MD 20785 C

b) Fort Mead Complex 100 Montgomery Meigs Rd, Fort Meade Army Base, MD 20755

Virginia

a) National Audio-Visual Conservation Center (NAVCC) 19053 Mount Pony Road Culpeper VA

b) Manassas Alternate Computing Center LOC 9050 Wellington Road Manassas, VA 20109

Additional pick-up locations may be added as needed

4.0 REGULATORY REQUIREMENTS

4.1 Contractor shall have all applicable permits, insurances, and licenses necessary to perform the work under this contract prior to contract award. These permits include, but are not limited to, permits to dispose of radiation waste, DEA waste, and TSCA waste. Contractor shall ensure all permits, insurances, and licenses are current during the term of this contract. Contractor shall provide the all-applicable permits, insurances and licenses before contract award and at any time during the life of this contract when amended, renewed, or replaced. The LOC can request any or all such permits, insurances and licenses and Contractor shall provide all such permits, insurance and licenses to LOC within seven

(7) calendar days of the request. If, during this contract, the Contractor fails to possess all current permits, insurance, and licenses the Contractor shall notify the Contracting Officer Representative (COR) immediately, then the Contractor shall discontinue performance immediately. In the absence of such permits, insurance, and licenses, the Contractor must provide an alternative work plan to the LOC Contracting Officer Representative within fourteen days of the lapse or absence of permits.

4.2 The Contractor shall provide a copy of the Treatment, Storage and Disposal Facility (TSDF) permits, state audit reports (when performed) and other available audit reports annually for each TSDF used. The Contractor must have its own TSDF permit. The Contractor shall provide Department of Transportation (DOT) certifications, compliance or inspection reports for each transporter used.

4.3 The Contractor shall perform all contract operations in compliance with all applicable Federal, state, interstate, and local laws, codes, and regulations governing the handling, packaging, storage, transportation, and disposal of hazardous and non-hazardous waste. Regulations include, but are not limited to the following:

4.3.1 Environmental Protection Agency (EPA) regulations under Public Law 94-580 the Resource Conservation and Recovery Act of 1976, Hazardous and Solid Waste Amendments of 1984, and subsequent amendments, including those under 40 Code of Federal Regulations, (CFR) Parts 260-279;

4.3.2 Toxic Substance Control Act of 1976, 40 CFR 700-799;

4.3.3 National Emissions Standards for Hazardous Air Pollutants, 40 CFR 61 Subpart M;

4.3.4 Department of Transportation (DOT) regulations under the Hazardous Material Transportation Act (HMTA), 49 CFR Parts 100-199;

4.3.5 Occupation Safety and Health Administration (OSHA) General Industry Standards, 29 CFR Part 1910;

4.3.6 Chapters 40 through 54 of the District of Columbia Municipal Regulations (DCMR) of Title 20, issued under DC’s Hazardous Waste Management Act and analogous regulations issued by the Maryland Department of the Environment and the Virginia Department of Environmental Quality;

4.3.7 State and local hazardous waste management regulations of any state or locality into or through which wastes are transported for the purpose of treatment, storage, or disposal.

4.4 The Contractor shall comply with, and ensure that all subcontractors comply with, all requirements under DOT regulations in 49 CFR Parts 100-199, regarding hazardous waste and hazardous material transportation under this contract. Complete compliance with these regulations shall include, but not be limited to, ensuring that emergency response information is carried on transport vehicles and maintained facilities where hazardous materials are received, stored, or handled during transportation. Shipping papers will contain an emergency response telephone number supplied by the Contractor that is monitored 24 hours a day in order to provide immediate, detailed information to personnel responding to emergencies. Where “not otherwise specified” (n.o.s.) is used in the description of materials on shipping papers, technical names will also be included. Definitions of the terms used in this clause are those used in 49 CFR Parts 100-199. The Contractor must ensure that off-site shipments of wastes are packaged, labeled, marked and placarded according DOT requirements. The contractor remains responsible for proper management of wastes even after it leaves LOC property. This includes responsibility for responding to any spills while wastes are in transit.

4.5 Compliance with Health and Safety Regulations

Contractor’s personnel shall maintain all required OSHA health and safety training, and use all protective clothing and equipment necessary to safely handle, move and pack hazardous and nonhazardous wastes. The Contractor’s personnel shall possess all required (29 CFR Part 1910) OSHA training and medical monitoring. The Contractor shall provide LOC with documentation as to initial and annual hazardous waste operations and emergency response training, hazard communication training, respiratory protection training, and medical monitoring status for all personnel projected to be working at LOC facilities. Please provide in a hardcopy to the Contracting Officer prior to the contract award.

5.0 OTHER REQUIREMENTS

5.1 Contractor Vehicles. The Contractor must own a fleet of DOT certified hazardous waste transport vehicles and equipment and these vehicles used for the purposes of transporting LOC wastes shall be maintained in good operating condition and shall have all placards, permits, licenses, and tags required by Federal, state, interstate, and local regulatory authorities for: the transportation of hazardous materials in commerce; the safe transportation of hazardous and nonhazardous wastes; and compliance with the following specific requirements:

a) When any transport vehicle is operated on public roads it must be placarded by the Contractor hauling the waste to meet the required DOT regulations;

b) All doors shall be lockable and kept locked when the operator is not present;

c) All drivers must have a hazardous material endorsement and possess an appropriate Commercial Drivers License, Class B or C, depending on the gross weight of the truck; and

d) All trucks picking up waste from LOC’s Capitol Hill Campus must meet all requirements in LC 52.211-2 (Deliveries to the Library of Congress, Capitol Hill Campus)

5.2 Shipping/Packaging

a) The Contractor shall provide all containers and any other necessary materials for items to be shipped (for example lab packs and bulk waste containers). The Contractor may ship non-hazardous and hazardous wastes in manufacturer containers if such containers are appropriate, unless otherwise directed by the LOC COR. When necessary, the Contractor shall furnish new packaging materials and shipping containers unless reclaimed materials or shipping containers have been specifically approved in writing by the LOC COR.

b) If items must be repackaged for proper shipment, the Contractor shall perform such repackaging and furnish all required materials for such operations. When repackaging is necessary, the Contractor shall be responsible for disposal of the original container and packaging, labeling, marking, and placarding of the new container in a manner that complies with all applicable Federal, state, interstate, and local regulations. The Contractor shall ensure that containers are leak-proof, corrosion, resistant, structurally stable, and compatible with the waste for the purpose of transportation and subsequent, treatment, storage, or disposal.

c) The Contractor shall be certified to ship by mail or truck DEA, radiation, TSCA, universal, non-hazardous or hazardous waste.

d) Contractor shall consolidate compatible wastes if it is cost effective to do so. Contractor shall ensure consolidation of wastes is performed in a safe manner (e.g., containers must be properly bonded, solvents must be vented when required, appropriate equipment must be used, and Contractor’s personnel must don appropriate personal protective equipment). When compatible wastes are received in small containers, the containers shall be emptied by the Contractor and consolidated into the appropriate size containers rather than individually packed for shipment. Such consolidation of the contents of small containers shall be accomplished whenever the COR and Contractor’s health and safety personnel determine that it is safe and economically desirable to do so.

5.3 Marking, Labeling, and Manifesting

As required by the regulatory agency of the applicable jurisdiction, Contractor shall provide all required labels, markings, placards, manifests, waste shipment records (asbestos) and other shipping documentation for waste transportation, treatment, storage, and disposal. Contractor shall provide and complete all manifests and land disposal restrictions notification forms for each waste pick-up conducted. Information on the manifest and supporting documentation shall be legibly printed or typed;

such documentation shall contain the information required by applicable Federal, state, interstate, and local hazardous waste regulations and Contractor shall identify each container in the waste’s shipment.

Wastes manifests shall be submitted (via facsimile) to the COR for review at least 24 hours prior to the shipment of wastes off-site. The COR will review such documentation for completeness and accuracy and may require corrections when necessary. In addition, changes may be made to the waste manifests at the time of pick-up. The Contractor shall make immediate corrections to manifests found to be incorrect for any reason, including but not limited to errors related to waste quantity, DOT shipping name or description, or typographical errors. The Contractor shall provide written documentation to the COR of post-shipment corrections in the manifest or other relevant documents within 24 hours of discovering the error.

5.4 Scheduling and Transporting

a) The Contractor shall provide quotes within seven (7) days.

b) The Contractor shall pick up waste within 14 days.

c) The Contractor shall be certified to transport radiation waste, DEA waste, TSCA waste, and hazardous waste.

d) The contractor shall provide all personnel, equipment, and vehicles necessary to safely collect waste from the locations listed in section 13 (LOC Locations). This necessary equipment includes, but is not limited to, providing carts or containers for waste transport to trucks. The Contractor will transport all hazardous waste and nonhazardous wastes from these locations to appropriate off-site TSDFs.

e) The Contractor shall meet the 45 day deadline for waste disposal consistently (defined as a rate of 90% compliance or higher).

5.5 Contractor Key Personnel

The Contractor shall assign the following key personnel to the contract:

a) Project Manager

The Contractor shall assign a Project Manager to oversee the daily activities of the work performed under the contract. The Project Manager need not be assigned full-time to the contract, but must be accessible to the COR and shall ensure that all requirements are met as stated herein.

The Project Manager shall possess, at a minimum, a Bachelor of Science degree in environmental science or chemistry or equivalent, and have the following qualifications:

(1) ten years of experience in waste management operations and possession of sufficient skills to handle non-routine or emergency situations; (2) be trained in DOT regulations for transporting hazardous materials; (3) possess OSHA health and safety training for hazardous waste operations and emergency response (29 CFR 1910.120); (4) have a working knowledge of EPA hazardous waste management regulations; and (5) possess experience in managing contracts of similar size, scope and complexity as this contract.

6. DELIVERABLES

6.1 The Contractor shall transport waste from LOC (in accordance with the approved Work Order) only after the LOC COR has approved the Contractor-prepared shipping document (Manifest or Bill of Lading). A copy of the signed and approved shipping document (Manifest or Bill of Lading) must be left at the LOC site. There shall be a digital option for all reports and documentation.

6.2 The Contractor shall respond to non-emergency and emergency spills (as defined in section 5) from the LOC in accordance with the approved Work Order. The Contractor shall prepare and deliver a draft incident report documentary clean-up of the affected area prior to leaving LOC facilities. The Contractor shall prepare and deliver the draft incident report documenting cleanup of the affected area(s) prior to leaving LOC property.

6.2.1 The Contractor shall collect and analyze samples (as defined in section 5) from the LOC in accordance with the approved Work Order. The LOC’s COR must approve the Contractor’s sample log and documentation (Chemical Waste Sample Record Form) prior to the Contractor’s departure from LOC property.

6.3 The Contractor shall provide LOC with documentation as to initial and annual hazardous waste operations and emergency response training, hazard communication training, respiratory protection training, and medical monitoring status for all personnel projected to be working at LOC facilities. Please provide in a hardcopy to the Contracting Officer prior to the contract award.

6.4 The Contractor shall provide the LOC access to an electronic database to review, download, and print manifests, waste transport status, biennial report information and facility status.

6.5 The Contractor shall provide all sampling equipment, containers, materials, personnel, sample packaging and shipping, and laboratory services necessary to properly sample, analyze, and characterize hazardous and non-hazardous wastes generated by LOC (including wastes of unknown composition) for transportation, treatment, or disposal. Standard sampling and analytical protocols, as specified by the EPA, DOT, or other agency having jurisdiction, shall be used unless special procedures are specifically requested by the LOC COR. Except as provided below, the results of any analysis must be reported to the LOC Contracting Officer Representative within 21 calendar days. Analysis shall be performed by an EPA certified (approved) laboratory. As directed by the LOC Contracting Officer, the Contractor should be prepared to sample and analyze wastes for hazardous waste characteristics (e. g., flash point; corrosivity; TCLP metals, volatiles, semi-volatiles, and herbicides); PCBs, and other hazardous constituents identified under RCRA and analogous state regulations.

6.6 Emergency Turnaround. Upon request of the LOC, the Contractor shall be required to provide expedited sampling and analysis of waste samples. When such services are requested by the LOC COR, the

Contractor shall (1) collect a sample(s) within 24 hours, and (2) provide the results of laboratory analysis within 7 days of the collection of the sample.

6.7 For every LOC requested spill cleanup event, the Contractor shall provide LOC (within 5 working days) a detailed report of activities relating to the incident, including: estimated quantity of the spill, the substance spilled, the amount of waste recovered during the cleanup, the amount of the substance not recovered, the fate of the unrecovered substance, labor hours worked in responding to the spill or incident, start and stop times for the response, and a detailed listing of all materials provided by the Contractor for the cleanup. If a spill is determined to be reportable in accordance with Federal, state, intestate or local regulations, the Contractor shall provide immediate notification of this fact to the LOC COR.

6.8 Deliverable Schedule

Deliverable Description Due Date

1 The Contractor shall provide LOC with documentation as to initial and annual hazardous waste operations and emergency response training, hazard communication training, respiratory protection training, and medical monitoring status for all personnel projected to be working at LOC facilities.

At contract award

2 Copy of the Treatment, Storage and Disposal Facility (TSDF) permit, state audit and other available audit reports annually for each TSDF used

When performed and used

3 Manifest support Within 30 days of pick up documentation

4 Exception Report Within 45 days of incident

5 Spill Report Within 5 days of event

6 Regulatory Support Documentation

Within 30 days of the reporting period

7.0 ORDERING PROCESS

7.1 The LOC COR will email the Contractor to request waste pick-up. The Contractor shall perform normal waste pick-ups within seven (7) calendar days or within 48 hours for containers that have exceeded applicable regulatory accumulation time limits. The Contractor shall be prepared to receive request from LOC according to the following schedule:

7.1.1 Normal Pick- Ups

Telephone requests for pick-ups will be made between 8:00 a.m. and 5:00 p.m.

Monday through Friday, except for Federal holidays. If the telephone request is recorded, the Contractor shall contact the LOC Contracting Officer Representative within 24 hours or the next business day, whichever is later. ALL

WORK ORDERS MUST BE IN WRITING AND TRANSMITTED BY E-MAIL

and can only be submitted by the COR or CO.

7.1.2 Non-Emergency Spill Cleanups

The LOC COR will or e-mail work order (documentation) to the Contractor to request a non-emergency spill cleanup. A representative of the Contractor shall make telephone contact with the LOC Contracting Officer Representative within 3 hours of a request for a non-emergency spill cleanup from the LOC. The Contractor shall perform non-emergency spill cleanups no later than 24 hours after a request has been placed.

7.1.3 Emergency Pick-Ups

The Contractor shall provide a 24-hour emergency telephone number that the LOC COR will use to request emergency pick-ups. Emergency pick ups can only be authorized by the COR or CO.

7.1.4 Emergency Spill Cleanups

The Contractor shall provide emergency spill cleanup services on a call or email basis 24 hours per day, seven (7) days per week. The LOC Contracting Officer Representative or designee will call or email the Contractor to request emergency spill cleanups. After a request for emergency services has been placed, the Contractor shall respond by telephone to any requests for emergency service within two (2) hours, and shall be at the location for spill cleanup within four (4) hours after the call or email for service is received.

7.1.5 For every LOC requested spill cleanup event, the Contractor shall provide LOC (within 5 working days) a detailed report of activities relating to the incident, including: estimated quantity of the spill, the substance spilled, the amount of waste recovered during the cleanup, the amount of the substance not recovered, the fate of the unrecovered substance, labor hours worked in responding to the spill or incident, start and stop times for the response, and a detailed listing of all materials provided by the Contractor for the cleanup. If a spill is determined to be reportable in accordance with Federal, state, intestate or local regulations, the Contractor shall provide immediate notification of this fact to the LOC COR.

7.2 Reporting Requirements

All materials submitted by the Contractor to the COR or CO in a format that will be determined upon request of the report or identification of the report requirements.

8. GOVERNMENT CONDITIONS

8.1 The Contractor will provide total indemnification to both Government agencies the LOC and the Architect of the Capitol (AOC) for all liability incurred during transportation, treatment, storage, disposal of hazardous or non-hazardous waste managed under this contract for any remediation or cleanup required as a result of the actions of the Contractor.

8.2 The Contractor shall own or have uninterrupted accesses to a licensed distribution and storage facility to enable a truck to transport all of the hazardous and non-hazardous wastes generated by the LOC. The Contractor shall utilize the minimum number of trucks necessary to perform this service. The LOC wishes to minimize the number of trucks that are allowed access to LOC facilities.

8.3 The Contractor shall have all trucks maintained in good operating condition. Vehicles shall have all stickers, permits, and licenses required by Federal, state, interstate, and local authorities for the transportation of wastes and hazardous materials in commerce and shall have vehicles suitable for the task of safely transporting loading and unloading such waste and materials at LOC facilities. The Contractor shall have certified drivers using certified transport vehicles (vehicles that have passed a DOT examination) to transport wastes to EPA-or state-permitted hazardous waste treatment, storage, and disposal facilitates, or other similarly authorized waste transfer, treatment, storage, or disposal facilities. The Contractor shall placard all vehicles transporting hazardous wastes or hazardous materials on the open highway in accordance with DOT regulations. The Government reserves the right to terminate this contract based on the failure of the contractor to comply with all applicable Federal, state, interstate, or local hazardous waste or hazardous materials regulation.

8.3.1 Each vehicle shall be equipped with suitable fire extinguishers, safety equipment, and spill control and cleanup supplies for accidents and spills;

8.3.2 No hazardous or nonhazardous waste may be stored overnight in the vehicle on LOC property;

8.3.3 While on LOC property, Contractor vehicles shall park only in areas designated by the LOC;

8.3.4 Drivers shall not smoke while on LOC property and are required to check in with LOC police one week prior to pick up (when possible);

8.3.5 All drivers must have appropriate security clearances required by U. S. Capitol Police at their check points.

8.3.6 All required official notifications to Federal, state, or local agencies concerning emergencies, spills, or releases that occur on LOC facilities shall be made by the LOC COR, not the Contractor.

8.4 The Contractor shall provide an comprehensive and unabridged lists of TSDF’s that are approved by the U. S. Environmental Protection agency, applicable state environmental agencies, and any appropriate local agencies for all types of hazardous and non-hazardous wastes as necessary. The Contractor also shall designate both primary TSDF’s and back-up TSDFs in the event the wastes cannot be sent to a primary TSDF at the time the call or email is made for pick-up for whatever reason. In these situations, the waste shall be stored (or otherwise managed) at one of the Contractor’s EPA-approved back-up storage facilities until treated or disposed of at no additional cost to the Government.

8.4.1 The Contractor shall be responsible for providing treatment and/or disposal of all hazardous and non-hazardous waste in accordance with applicable Federal, state, interstate, and local regulations. Hazardous wastes shall be treated or disposed of at facilities that have been issued final operating permits pursuant to the Federal Resource Conservation and Recovery Act (RCRA) as amended by the Hazardous and Solid Waste Amendments of 1984 and implemented by the hazardous waste regulation authority (ies) of each jurisdiction. Facilities that have applied for formal permits, but are still in interim status, may be used by the Contractor only upon written certification by the Contractor that no fully permitted facilities are available, and upon written approval of the interim status facility by the LOC COR. All facilities that are used by the Contractor must be in good standing with regulatory and local community.

8.4.2 Land disposal of hazardous wastes shall be kept to the smallest feasible amount, consequently, secured chemical landfills shall only be employed by the Contractor when no best available technology exists or no other satisfactory method of treatment or disposal for a particular waste is available, or when the LOC COR determines that alternate methods of disposal are not economically acceptable. The Contractor shall maximize use of permitted treatment facilities that employ validated, best available technologies to destroy permanently or render LOC wastes non-hazardous.

8.4.3 All new alternate transporters, or transfer, storage, treatment, and disposal facilities that the Contractor proposes to use that were not approved by the LOC at the time of initial contract award, or yearly renewal, if applicable, must be approved in writing by the LOC COR prior to use.

8.4.4 The LOC COR may notify the Contractor to cease use of transporter or transfer, treatment, storage, and disposal facility for LOC waste when such action is deemed necessary in the interests of the LOC, or for the convenience of the Government. The Contractor shall immediately comply with such notice.

8.5 The LOC COR may notify the Contractor to cease use of any laboratory when such action is deemed necessary in the interests of the LOC, for example, based on considerations related to cost or ability to provide necessary services. The Contractor shall immediately comply with such notice.

8.6 The Contractor shall comply with all Capitol Police, and Office of Security and Emergency Preparedness requirements. This may include personnel screening or background checks.

8.7 The Contractor may be required comply with applicable Library of Congress Regulations and Architect of the Capitol directives provided by the COR. If such an occasion arises the COR or CO will provide the necessary documentation to the Contractor.

8.8 The Contractor shall seek approval from the LOC COR for additional individuals that will be involved in these operations, the approval of which is left to the discretion of the LOC Contracting Officer Representative.

8.9 The Contractor shall supply all necessary placards, labels, and other necessary supplies for transportation, recycling, treatment or disposal of waste.

9.0 Security and Confidential Information Requirements

9.1 The Contractor shall take all reasonable precautions to ensure that the security of all LOC personnel, operations, facilities, property, and materials are not jeopardized by contract operations. Contractor personnel will be subject to all applicable LOC on/off-site security inspection requirements.

9.2 Neither the Contractor nor any of its employees shall disseminate, or cause to be disclosed, any information concerning the operations and activities of LOC and its employees. The contractor may not release or use any information acquired or revealed during the performance of this contract, other than as required by the contract. Failure to protect this information from improper use or disclosure may result in a termination for default and subject the contractor to appropriate sanctions under the law, including those found in Title 18 U.S.C. Section 1832.

9.3 Failure to safeguard any restricted or classified information that may come to the Contractor or any person in connection with work under this SOW may subject the Contractor, his or her agents or employees to criminal liability under Title U.S.C. Sections 793 and 798.

9.4 The Contractor agrees to notify the LOC COR of all third-party requests for information concerning the performance of this contract within one (1) working day after receipt of work order.

10. Reporting and Documentation Requirements

10.1 The Contractor shall forward to the LOC Contracting Officer Representative signed copies of all manifest and other relevant paperwork within 30 days after TSDF accepts the waste (or 15 days for waste shipments that are initiated in Maryland).

10.1.1 The LOC Contracting Officer Representative shall also receive the signed TSDF manifest copy within 30 days or within that period notify the LOC in writing that an exception report must be filed. Copies of the manifest, including any continuation sheets shall be signed by the LOC COR or Generator. Signed generator, receiving state and generator state copies of the manifest along with copies of all packing slips, land disposal restriction (LDR) notifications and other required regulatory paperwork shall remain with LOC for wastes shipped off-site Payment will be based on proper treatment, recycling or disposal of waste and receipt of the signed TSDF manifest attached to the invoice.

10.1.2 The Contractor will provide a Certificate of Disposal for all hazardous waste sent for offsite transfer, treatment, storage, and disposal within 12 months of receipt of shipment per manifest date. A Certificate of Disposal, Destruction, or Recycling (certificate) shall be forwarded to the LOC COR within twelve months of the SDF manifest receipt. The certificate shall: list each container received at the treatment or disposal facility by any identifying number assigned;

document the date and method of treatment or disposal; include the appropriate EPA treatment Code Number if available; and list the name and location of the treatment or disposal facility. If wastes are disposed of in a secure chemical landfill facility, the certificate also shall indicate the location within the landfill where the waste container was disposed of through the use of cell numbers, coordinates or other appropriate identifiers.

10.1.3 Exception reports. The Contractor shall provide information for exception reports whenever manifest receipts cannot be returned within 25 days. A full explanation must be given in accordance with 40 CFR 262.42.

10.1.4 Generator Reports. The Contractor shall assist the LOC in obtaining permanent and temporary EPA Identification numbers for all locations that generate hazardous wastes. The Contractor shall provide electronic access to all Library of Congress records generated through their work such as manifests, waste profiles, bills lading, treatment documents, waste destruction documents, and other regulatory documents.

11 Spill Response

11.1 Incident Reports. The Contractor shall provide the LOC with a detailed report of activities relating to any incident including, but not limited to: estimated quantity of the spill, the substance spilled, the amount of waste recovered during the cleanup, the amount of the substance not recovered, the fate of the unrecovered substance, labor hours worked in responding to the spill or incident, start and stop times for the response, and a detailed listing of all materials provided by the Contractor for the cleanup. If a spill is determined to be reportable, in accordance with Federal, state, or local regulations, the Contractor shall provide immediate notification of that fact to the LOC COR.

11.2 Emergency Incident Reports. The Contractor shall promptly submit a or e-mail report to…

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