89303320REM000060.pdf

89303320REM000060

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 146

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

08/31/2020 X

893033

EM -Environmental Mgmt Con Bus Ctr

EMCBC

U.S. Department of Energy EM Consolidated Business Center 550 Main Street, Room 7-010 Cincinnati OH 45202

1600 ET 09/30/2020

Courtney Renea Stallworth 513 Courtney.Stallworth@emcbc

.doe.246-0479

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PAGE(S)

Wilmari C. Delgado

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____270_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 146

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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(A) (B) (C) (D) (E) (F)

Nationwide Low-Level Mixed Low-Level Waste

Treatment Services

Period of Performance: 12/05/2020 to 12/04/2025

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Nationwide Low-Level Mixed Low-Level Waste Treatment Services Request for Proposal

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Section A - Solicitation/Contract Form Section B - Supplies or Services/Prices Section C - Description/Specifications Section D - Packaging and Marking Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders Section L - Instructions, Conditions, and Notices to Bidders Section M - Evaluation Factors for Award

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PART 1 – THE SCHEDULE

Section B

Supplies or Services/Prices

TABLE OF CONTENTS

B.01 SUMMARY OF BASIC ORDERING AGREEMENT…………………………….4

B.02 PRICE……………………………………………………………………………….4

B.03 OBLIGATION OF FUNDS...……………………………………………………….4

B.04 LIMITATION OF GOVERNMENT’S OBLIGATION (REVISED)……………….5

B.05 APPROVED WASTE TYPES...……………………………………………………10

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PART 1 – THE SCHEDULE

Section B

Supplies or Services/Prices

B.01 SUMMARY OF BASIC ORDERING AGREEMENT

This is NOT a contract as defined by FAR 2.101. This Basic Ordering Agreement (BOA) is a written instrument of understanding negotiated between the Government and the Contractor. Firm-Fixed Price (FFP) task orders or Time and Materials (T&M) task orders with Fixed-Labor-Rates (FLR) may be issued off of this BOA and nothing in this BOA shall imply or guarantee any future orders with the Contractor. T&M task orders are the least preferred method of government contracting, and will only be permitted under limited circumstances. T&M task orders must be approved by the CO before issuance . In addition, no T&M task order shall exceed a three-year period of performance without HCA (Head of Contracting Agency) D&F (Determination & Findings) approval. There is no guaranteed minimum dollar amount or volume of work that is associated with this agreement. If issued, individual orders will have a range of waste quantities and associated dollar values. If and when an order is placed against this BOA, and accepted by the Contractor through performance, the terms and conditions provided and agreed to herein will become binding on the individual order.

The BOA between DOE and the Contractor is for the purpose of providing all personnel, facilities, equipment, material, supplies, and services necessary for the treatment of radioactive waste for final compliant disposition of liquid, solid, sludge, and/or gaseous low-level waste (LLW), and mixed low-level waste (MLLW) including high gram quantities that could also contain Toxic Substances Control Act (TSCA) chemicals including polychlorinated biphenyl (PCB), and the performance of other ancillary waste services including Bulk Survey for Release (BSFR) materials.

This service supports the EM mission of safely completing the cleanup of the environmental legacy brought about from five decades of nuclear weapons development and government-sponsored nuclear energy research.

B.02 PRICE

Services, quantities, surcharges, and extended prices for the treatment of waste covered under the scope of this BOA will be established at the competitive task order level. Therefore, in accordance with FAR 16.703 (c) (1), the method of determining prices under this BOA will be determined at the competitive task order level.

B.03 OBLIGATION OF FUNDS

The amount of funds obligated and made available for payment will be stated in each task order.

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B.04 LIMITATION OF GOVERNMENT’S OBLIGATION (REVISED)

(a) This BOA’s Task Orders are fixed price and contract terms and conditions as set forth in the contract, with the exceptions that fixed price task orders may be incrementally funded; and if a Task Order is incrementally funded as set forth in the BOA, in the event of termination before it is fully funded the Government’s maximum liability for the TO will be the lower of the amount of funds allotted to the TO or the amount payable to the Contractor per the Termination for Convenience (Fixed-Price) clause of this BOA. For each TO there is:

1) a fixed price;

2) a specified scope of work that corresponds to the fixed price;

3) an anticipated funding schedule that corresponds to the fixed price and the specified scope of work (the parties contemplate that the Government will allot some funds upon execution of the contract);

4) a Government maximum obligation to the Contractor equal to the funds allotted to the BOA for the TO;

5) if the Government incrementally allots funds, both a fixed price for the services the allotted funds cover and a maximum Government obligation, including any termination obligations, to the Contractor equal to the allotted funds; and

6) an obligation that the Government will pay the Contractor only for the work the Contractor performed: for which funds were allotted; and based only on the fixed price for the services the allotted funds covered (established when the funds were allotted) and the portion of the services performed, not the costs the Contractor may actually incur.

(b) For each TO

1) the Government’s maximum obligation, including any termination obligations and obligations under change orders, equitable adjustments, or unilateral or bilateral contract modifications, at any time is always less than or equal to the total amount of funds allotted by the Government to the TO and the total amount of funds allotted by the Government to the TO is the fixed price of the work for which the funds are allotted;

2) the Contractor explicitly agrees the fixed price in the TO reflects:

i. any additional complexities, challenges, and risks (including all risks, costs or otherwise, associated with any potential termination for convenience, or other

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risks as articulated in this clause) to which the Contractor is subject due to the incremental funding arrangement established in this clause; and

ii. the specific risk that in the event of termination of an incrementally funded TO before the TO is fully funded, the Contractor could receive less than the amount the Termination for Convenience (Fixed-Price) clause of this contract would usually permit, that is, the Government is only obligated to provide to the contractor the lower of the amount of the allotted funds or the amount as determined under the Termination for Convenience (Fixed-Price) clause of this contract;

3) the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government, which is the price of the services the allotted funds cover, equals the total amount allotted to the contract for the services;

4) if additional funds become available and the Government still has a need for the services in the Contract, the Government will allot funds periodically to the TO, the Contractor will continue performance and will provide a specified and fixed amount of work for the additional funds allotted, and the Government will pay the Contractor based on the price of the fixed amount work. The Government will not pay the Contractor based on the costs the Contractor incurs in performing the work; and

5) the Contractor agrees to provide the specified and fixed amount of work for the fixed price identified in the BOA’s Section B, Supplies or services and prices/costs, and in accordance with the delivery schedule identified in the BOA’s Section F, Deliveries or performance, provided the Government provides the funding per or earlier than the Planned Funding Schedule in paragraph (n) of this clause. At any time, the cumulative amount of funds allotted is the fixed price for the cumulative fixed amount of work identified with the funds.

(c) For each TO

1) The fixed price (of both the entire TO and of the current cumulative amount of funds allotted to the TO at any time during contract performance) is not subject to any adjustment on the basis of the Contractor’s cost experience;

2) The BOA places the maximum risk and full responsibility on the Contractor for all costs and resulting profit or loss; and

3) If the Government meets the entire Planned Funding Schedule,

i. the cumulative amount of funds allotted will equal the TO’s fixed price and

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ii. the Contractor shall provide the entire scope of work the BOA requires for the

TO.

(d) The fixed price for each TO is listed in Section B

(e) The Planned Funding Schedule for each TO is in paragraph (n) of this clause. The sum of the planned funding for each TO equals the fixed price of the TO.

(f) The Actual Funding Schedule for each TO is in paragraph (o) of this clause. It specifies the actual amount of funds allotted and presently available for payment by the Government separately for each TO and the specific work to be performed for the funds allotted.

1) The Contractor may submit an invoice under a TO only after the Government has allotted funds to the TO and the Contractor has provided services in accordance with the terms and conditions of the Contract. The Contractor may submit an invoice for only the lower of the two preceding amounts, that is, the lower of

i. the amount of allotted funds for the specified work (which is the amount of the fixed price of the specified work) or

ii. the amount equal to the portion of the fixed price for the specified work the Contractor has earned by providing a portion of the fixed work.

(g) If during the course of this contract the Government is allotting funds to a TO per or earlier than the Planned Funding Schedule, this contract to that point will be considered a simple fixed-price contract for that TO regardless of the rate at which the Contractor is, or is not, earning amounts payable, and

1) The Government’s and the Contractor’s obligations under the contract for the TO— with the exception that the Government’s obligation for the TO is limited to the total amount of funds allotted by the Government to the TO and similarly the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government equals the total amount allotted—will be as if the TO were both fixed price and fully funded at time of contract execution, that is, the Contractor agrees that: it will perform the work of the contract for that TO;

and neither the fixed-price for the TO nor any other term or condition of the contract will be affected due to the TO’s being incrementally funded.

i. The Contractor agrees, for example, if the Government allots funds to a TO per or earlier than all of the funding dates in the Planned Funding Schedule for the TO, the Government has met all of its obligations just as if the TO were fully funded as of the time of contract execution and the Contractor retains all of its obligations as if the TO were fully funded as of the time of contract execution, while at the same time the Contractor is not authorized to continue work beyond

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the point at which the total amount payable by the Government equals the total amount allotted to the contract; consequently, if the Contactor earns amounts payable at any time in performing work for the TO that exceed the total amount of funds allotted by the Government to the contract for the TO

A. it (not the Government) will be liable for those excess amounts payable

B. it will remain liable for its obligations under every term or condition of the BOA and

C. if it fulfills all of its obligations for that TO and the Government allots funds to the TO equal to the TO’s fixed price, the Government will pay it the fixed price for the TO and no more.

ii. The Contractor also agrees, for example, if the Government allots funds to a TO by the first funding date in the Planned Funding Schedule, the Government has met all of its obligations up to that point in the contract as if the a TO were fully funded (that is, as if progress payments based on cost had been agreed to and had been made, or milestone payments had agreed to and been made, etc.)

and the Contractor retains all of its obligations up to that point (such as meeting delivery schedules, maintaining quality, etc.) as if the a TO were fully funded;

consequently, if the Government subsequently terminates the TO it will pay the Contractor the lower of the following two amounts: the amount allotted by the Government to the TO; or the amount payable per the Termination for Convenience (Fixed-Price) clause of this contract.

(h) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the total amount payable by the Government, which is the portion of the price of the services the allotted funds cover that the Contractor has earned, for the CLIN in the next 60 days, when added to all amounts payable previously earned, will exceed 75 percent of the total amount allotted to the CLIN by the Government.

1) The notification is for the Government’s planning purposes only and does not change any obligation of either the Government or the Contractor.

2) The Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government equals the total amount allotted to the CLIN.

3) The Government may require the Contractor to continue performance of that CLIN for as long as the Government allots funds for that CLIN sufficient to cover the amount payable for that CLIN.

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(i) If the Government does not allot funds to a CLIN per or earlier than its Planned Funding Schedule, the Contractor may be entitled to an equitable adjustment and

1) the Government’s maximum obligation, including any termination obligation, to reimburse the Contractor remains limited to the total amount of funds allotted by the Government to the contract for that CLIN;

2) the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government equals the total amount allotted to the contract;

3) if the Government subsequently terminates the contract or the CLIN, it will pay the Contractor the lower of the following two amounts: the total amount of funds allotted by the Government to the contract for the CLIN; or the amount payable per the Termination for Convenience (Fixed-Price) clause of this contract.

(j) Except as required by either other provisions of this contract specifically citing and stated to be an exception to this clause, or by, among other things, terminations, change orders, equitable adjustments, or unilateral or bilateral contract modifications specifically citing and stated to be an exception to this clause, for each CLIN—

1) The Government is not obligated to reimburse the Contractor in excess of the total amount allotted by the Government to this contract for the CLIN; and

2) The Contractor is not obligated to continue performance under this contract related to the CLIN in excess of the amount allotted to the contract (which is also both the maximum amount payable and the price of the services the allotted funds cover) by the Government until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to the CLIN.

(k) No notice, communication, or representation in any form, including, among other things, change orders, equitable adjustments, or unilateral or bilateral contract modifications, other than that specified in this clause, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract for a CLIN, which will remain at all times the Government’s maximum liability for a CLIN. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any amounts payable earned for a CLIN in excess of the total amount allotted by the Government to this contract for a CLIN.

(l) Change orders, equitable adjustments, unilateral or bilateral contract modifications, or similar actions shall not be considered increases in the Government’s maximum liability or authorizations to the Contractor to exceed the amount allotted by the

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Government for a CLIN unless they contain a statement increasing the amount allotted.

(m) Nothing in this clause shall affect the right of the Government to terminate this contract for convenience or default.

(n) Planned Funding Schedule

See Task Orders

(o) Actual Funding Schedule

See Task Orders

B.05 APPROVED WASTE TYPES

The Contractor has the required licenses, permits or authorizations to provide treatment services for the following waste types in Section C:

TBD

The Contractor may, at any time during the period of performance of this BOA, submit applicable, current, dated, and signed licenses, permits or authorizations required to treat additional waste types not previously approved for treatment under this BOA to the Contracting

Officer for review and approval.

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SECTION C

DESCRIPTION/SPECIFICATIONS (PERFORMANCE WORK STATEMENT)

CONTENTS

C.1 Background…………………………………………………………………………12

C.2 Objectives…………………………………………………………………………...12

C.3 Regulatory Frameworks ……………………………………………………………14

C.4 Requirements……………………………………………………………………….14

C.4.1 LL/MLLW Treatments Services……………………………………………..14

C.4.2 BSFR Services……………………………………………………………….20

C.4.3 Develop & Assess Alternative Disposition Strategies (Recycle/Reuse)…….27

C.4.4 LAW Services……………………………………………………………….33

C.4.5 Ancillary Services……………………………………………………………41

C.4.5.1 Disposal Services………………………………………………….47

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Section C - Description/Specifications

C.1 BACKGROUND

The U.S. Department of Energy (DOE) requires the treatment of Low Level Waste (LLW) and Mixed Low Level Waste (MLLW). These wastes may also include liquid and solid Toxic Substances Control Act (TSCA) regulated waste e.g., polychlorinated biphenyls (PCBs), asbestos, etc. Waste material to be treated originates from Federal activities and includes cleanup, remediation, decontamination, demolition, and operations waste, and/or other waste under DOE’s purview. These services support the EM mission of safely completing the cleanup of the environmental legacy brought about from five decades of nuclear weapons development and government-sponsored nuclear energy research.

DOE requires commercial LLW and MLLW Treatment Services, located in the United States, that provide cost-effective compliance with the Resource Conservation and Recovery Act of 1976 (RCRA), the Federal Facility Compliance Act (FFCA), state hazardous waste regulations, TSCA/polychlorinated biphenyl (PCB) regulations, and any other applicable laws. DOE also requires services such as: Bulk Survey for Release (BSFR), Low Activity Waste (LAW) Services, Ancillary Services, and support in establishing authorized release limits.

LLW can be segmented into waste categories of Class A, Class B, Class C and Greater- Than-Class C (GTCC). These classifications are defined in the Nuclear Regulatory Commission (NRC) regulations (Title 10, Code of Federal Regulations [CFR], Part 61), based on potential LLW hazards, disposal, and waste form requirements. It is important to note that these classifications generally apply to NRC regulated LLW, and not DOE LLW. However, the classifications are relevant when DOE sends its waste to an NRC or Agreement State-regulated facility for treatment. Class A waste contains the least radioactivity, most of which comes from relatively short-lived radionuclides, which decay to background levels within a few decades. Class B waste is also relatively short-lived, but contains higher concentrations of short-lived radionuclides than Class A.

Class C waste can contain higher concentrations of both short-lived and long-lived radionuclides, while GTCC is higher still. DOE has materials in all of these waste classifications that may need treatment or processing to facilitate the ultimate disposal, or ability to reuse or recycle DOE materials.

C.2 OBJECTIVES

The Basic Ordering Agreement (BOA) objectives are to provide:

1. LLW and MLLW (including reactive metals such as lithium batteries, sodium bearing waste) Treatment services;

2. BSFR services in accordance with NRC or Agreement State requirements;

3. Development and assessment of alternative disposition strategies;

4. LAW services; and

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5. Ancillary services that aid in the treatment and processing of waste, such as transportation and packaging from the point of origin to the destination (treatment facility, disposal site, or return to the generator) as a turnkey service.

Chemical constituents of the DOE materials needing LLW and MLLW treatment services include: TSCA (primarily PCBs and asbestos); RCRA regulated wastes including waste that could be assigned U.S. Environmental Protection Agency (EPA) codes for Ignitability (D001), Corrosivity (D002), Reactivity (D003), Toxicity due to contamination with RCRA-regulated toxic metals and organic compounds (D004 through D043), F, K, P, and U, lab packs, compressed gases, combustible liquids (non-wastewaters), non-combustible liquids (may be wastewaters, metal bearing inorganic wastes), liquid aqueous and organic RCRA non-wastewaters, slurries, and wastewaters.

BSFR and directed disposal under LAW Services are licensed and or permitted processes approved by the appropriate regulatory agency (NRC or Agreement State) that allow for the survey and release of materials with extremely low levels of radioactive contamination for disposal in specified landfills. The landfills typically will be equivalent to a modern Subtitle D (solid waste) or Subtitle C (hazardous waste) landfill rather than a permitted radioactive waste landfill.

Evaluation, assessment, and execution of alternative disposition strategies for DOE materials may include, for example, recycling and reuse of materials. These processes shall be licensed and/or permitted processes approved by the appropriate regulatory agency (DOE, NRC, EPA, or Agreement State) that allows for the decontamination, survey and release of materials. The release may be for unrestricted use (no longer requiring radiological controls), or restricted requiring some degree of controls owing to low the potential of low levels of radioactivity still contained in the material. The materials evaluated for alternative disposition strategies may contain chemicals as well as radioactive material.

Ancillary Services include, but are not limited to interim storage, transportation services, regulatory report writing, data analysis, assessments, verification services, preparation of presentations, variance requests, waste profiles, and technical oversight of MLLW/LLW activities. These services also may include aiding DOE in the establishment of Authorized Limits for the release of materials that contained radioactivity, and commercial treatment and disposal exemptions. Ancillary Services also include, as requested by the Department, long-term management and storage of elemental mercury under the Mercury Export Ban Act of 2008 as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act.

The Contractor performing services under this BOA is authorized to use the DOE LLW/MLLW Disposal IDIQ contracts to provide turnkey services by transporting DOE materials/waste from the originating site to their treatment/processing facilities then to a waste disposal or storage facility, or a site that reuses or recycles the DOE materials/waste.

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C.3 REGULATORY FRAMEWORKS

The Contractor shall operate in accordance with permits and licenses, and all appropriate federal, state and local laws and regulations. DOE materials processed under this BOA shall meet specific criteria for the receiving facility. The individual Task Orders will address the acceptance criteria when the materials will be returned to a DOE facility.

C.4 REQUIREMENTS

The requirements are divided into five independent sections, corresponding to the BOA objectives:

C.4.1 LLW/MLLW Treatment Services C.4.2 BSFR Services C.4.3 Develop and Assess Alternative Disposition Strategies (Recycle/Reuse) C.4.4 LAW Services C.4.5 Ancillary Services

C.4.1 LLW/MLLW Treatment Services

The Contractor shall perform comprehensive task-based treatment and processing services for LLW/MLLW which include, but are not limited to unique, uncertain, multi-process, TSCA, RCRA, and/or other wastes that present unique problems for successful treatment (e.g., reactive metals including lithium batteries, sodium bearing waste). LLW/MLLW treatment services, include, but are not limited to: characterization, evaluation and assessments, conducting treatability studies, macro-encapsulation, stabilization, concentration, vacuum-assisted thermal desorption, thermal treatment, incineration, combustion, thermal destruction, solvated electron, ion exchange, compaction, size reduction, segregation, repackaging, preparation of lab-packs, and management of compressed gases. Specific requirements and other interfaces will be defined in each Task Order.

1. The Contractor shall perform any assessments, evaluations, and any additional characterization necessary to affect the proposed treatment and processing. The DOE ordering activity will provide all information gathered on the materials or waste so that the Contractor may prepare a Waste Profile Record.

2. Scientifically accepted standards and procedures approved by applicable regulatory authorities shall be used in the formulation of a treatment method adhering to EPA or Agreement State or RCRA authorized State requirements and the requirements of the treatment Contractor’s licenses and permits.

3. The treated waste shall comply with the waste acceptance criteria (WAC) identified within the specific task order.

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4. The Contractor may be requested to review Ordering Activity/Waste Generator Sampling and Analysis Plans (SAPs) and to determine the acceptability of the waste at its facility, and proposed treatment and/or processing.

Licenses, Permits and Regulatory:

5. The Contractor shall possess and maintain appropriate licenses and permits as required by federal, state and local laws and ordinances that enable receipt, storage and treatment of LLW and/or MLLW.

6. All waste shall be managed in accordance with applicable laws and regulations. Treated waste shall meet the WAC and the Land Disposal Restriction treatment standards (MLLW only) of the designated disposal facility.

7. The Contractor shall comply with federal, state and local requirements for all activities performed at its facility. It is anticipated that only minimal decontamination processing to expedite handling, loading, and transporting of the material will be permitted at the federal work site. Material located at the Contractor’s facilities shall be managed and regulated in accordance with the terms and conditions of its NRC or NRC Agreement State license.

8. Environmental, Safety and Health and Quality Assurance requirements shall apply, consistent with licenses and permits.

Title to Waste/Material:

9. Wastes to be treated were generated at Government facilities, or have a nexus under DOE contracts, whereby DOE retains responsibility for the nuclear materials or waste. In this section, “title” includes legal title, risk of loss, and all other incidents of ownership.

10. Responsibility for the waste remains with the Ordering Activity/Waste Generator throughout treatment and transportation to the waste disposal site. For material being sent to a recycle/reuse facility, title will pass upon the Contractor’s issuance of a “Certification of Release” regardless of when or where the facility takes physical possession.

11. Characterization and treatment residues are the responsibility (title) of the Contractor to further treat and dispose of unless otherwise explicitly addressed in the Task Order.

Transportation:

12. The Ordering Activity/Waste Generator is responsible for the cost of transporting the waste unless otherwise specified in the Task Order.

13. All waste or material shipped on an individual shipping manifest shall be considered a “shipment” under the terms of this BOA.

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14. Upon acceptance and/or approval of waste generator supplied information specific to the waste stream to be accepted, the Contractor will issue a Notice to Transport to the waste generator within five days.

15. The Contractor shall survey vehicles used to transport the wastes to and from the Contractor's site to verify radioactive contamination has occurred or not occurred upon vehicle arrival and before departure. The Contractor shall perform exposure, release decontamination and transportation surveys in accordance with its Radioactive Material License and 49 CFR – Transportation, and certify vehicles free of contamination exceeding release criteria. The Contractor shall maintain a record of all surveys. A copy shall be forwarded to the DCO for the Task Order(s) issued under the BOA and the waste generator shipping the waste upon request. Any vehicle contamination will be reported to the DCO and Ordering Activity/Waste Generator verbally and in writing (with survey reports) within 24 hours of detection for determination of corrective action prior to decontamination and delivery vehicle release

16. The Contractor shall prepare the various instruments of conveyance (trucks/trailers) for return to the provider. The Contractor shall provide packaging and shipping instructions for transport of the treated waste to the designated destination, in accordance with appropriate laws, regulations and guidelines.

Receipt of LLW and MLLW:

17. The Contractor’s Shipment Delivery Scheduler, responsible for scheduling shipments from the Ordering Activity/Waste Generators and for receipt of the DOT advanced shipment notifications is identified in Section G, Contract Administration Data. The shipment documentation required under the Task Orders includes:

a. Notice of Delivery: Not less than five working days prior to the shipping date of each waste stream shipment, the Contractor will be provided the following from the Ordering Activity/Waste Generator (except when the treatment Contractor is also the transporter):

(1) The five Working Day Shipment Notification form;

(2) The Special Nuclear Material Exemption Certification form, if applicable

(required when U-235, U-233, Pu-236, and Pu-238 through Pu-244 are present in the waste);

(3) A copy of the Waste Profile form for each waste stream to be treated;

(4) A copy of the Waste Shipment Manifest documentation, e.g., (NRC Forms 540

(Uniform Low-Level Radioactive Waste Manifest (Shipping Paper)), 541 (Uniform Low-Level Radioactive Waste Manifest (Container and Waste Description)), 542 (Uniform Low-Level Radioactive Waste Manifest (Manifest Index and Regional Compact Tabulation)), DOE and State forms.

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b. Arrival Confirmation: Upon receipt of the above items, the Shipment Delivery Scheduler shall provide to the Ordering Activity/Waste Generator and DCO a date for delivery of the shipment and an Arrival Confirmation Number.

Note: The above listed items (a-b) will be provided to the Contractor by e-mail, mail, or facsimile.

18. In the event that the Contractor discovers that the transportation vehicle, rail car, containers, packaging and/or markings of the delivered waste or material has failed to meet the U.S. DOT requirements under Title 49 CFR – Transportation, or any other applicable requirements, the Contractor shall document the infraction and notify the Ordering Activity/Waste Generator and the DCO within 24 hours by telephone upon discovery, and in writing within 48 hours. See requirements under Nonconformance.

19. The Contractor shall verbally notify the affected Ordering Activity/Waste Generator and the DCO within 48 hours of discovery of any event or condition impacting the scheduled receipt of waste, together with corrective actions planned and information on rescheduling of shipments.

Operations:

20. The Contractor shall not co-mingle DOE waste with waste from non-DOE Waste Generators.

21. All commercial TSDFs under this BOA are required to be audited annually by DOE and its Contractors who ship waste to the Contractor. Currently most DOE facilities and subcontractors who are needing to perform a review of such commercial facilities rely on the DOE Consolidated Audit Program (DOECAP) as the reviewing activity for DOE.

Therefore, the Contractor shall allow reasonable site access to personnel, facilities and records for these purposes. The Contractor shall address each evaluation finding and document corrective action plans for each finding within 30 days of a DOECAP audit.

22. The Contractor shall complete all appropriate treatment, packaging, and certification functions within the provisions established in this BOA and the conditions and pricing in the Task Orders while adhering to schedule requirements and all DOE and regulatory requirements.

23. The Contractor shall be liable for the repair or replacement of rail cars and trucks damaged by the Contractor in the performance of a Task Order. Notification of existing damage to conveyances received shall be provided to the Ordering Activity/Waste Generator, and the DCO within 24 hours by telephone upon discovery, and in writing within 48 hours.

See requirements under Nonconformance. Notification of damage shall also be provided to the Ordering Activity/Waste Generator and DCO verbally within 24 hours, and in writing within 48 hours of occurrence. Contractor notification as required by this paragraph, may be issued in writing by e-mail, facsimile or other electronic means

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provided such means results in verifiable evidence of the receipt of the required notification.

24. The Contractor shall properly treat and dispose of all byproduct, residual and secondary waste in compliance with federal, state and local regulations and permits.

25. The Contractor shall treat the LLW and/or MLLW, and any secondary waste generated as a result of treatment in accordance with the time limitations specified in the Contractor’s permits, licenses, and applicable federal, state and local requirements. The Contractor shall notify the Waste Generator/Ordering Activity in writing at within sixty (60) days prior to exceeding any storage limit. The Contractor shall arrange for a compliant alternate storage location, if required, and shall be responsible for all expenses incurred as a result of transporting and storing DOE’s waste until returned to DOE for final disposal. In the case where the treatment Contractor is not at fault, as determined by the DCO, the Ordering Activity/Waste Generator shall be responsible for applicable expenses incurred as a result of the delay.

Reporting Requirements:

26. Upon request, all documentation, records and modifications shall be submitted to the DCO within 48 hours.

27. The Contractor shall promptly (within 48 hours) respond, verbally and in writing, to questions regarding documentation as requested by the DCO. Any associated costs shall be included in the Task Order’s prices.

28. As requested by the DCO, the Contractor shall provide complete documentation of: site permits for storage and treatment of waste, NRC or Agreement State Radioactive Materials License, WAC, and any other authorizations, RCRA permit requirements, applicable exemptions, revisions, and other requirement etc., documenting that the Contractor is permitted to receive, handle, store, and treat the specific type and quantity of radioisotopes present in the waste being treated under this BOA.

29. The Contractor shall use accredited laboratories for the performance of sample analysis required to demonstrate compliance with RCRA requirements and/or disposal site waste acceptance criteria. Preferably, the Contractor will use DOECAP-Accreditation Program laboratories. Reference the Energy.gov Analytical Services Program site for the most recent listing of accredited laboratories (https://www.energy.gov/ehss/environmental-policy-and-assistance/analytical-services-program.

30. If providing treatment, processing or disposal services, the Contractor shall participate in the DOECAP, unless approved to do otherwise in writing by the DCO. For BOA holders without a prior DOECAP review, or a new service not previously reviewed by DOECAP, the BOA holder shall allow for an initial review for DOE screening purposes of acceptability of operations to place the Task Order, and for future more in depth review https://www.energy.gov/ehss/environmental-policy-and-assistance/analytical-services-program

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by DOECAP.

31. Use of non-DOECAP accredited laboratories shall be at the sole discretion of the CO after consultation with DOECAP, and the Project Manager. DOE's decision to allow Contractors to use non-DOECAP accredited laboratories will factor in the ability to ensure the accuracy and defensibility of data generated by the laboratory, and the ability to track the final disposition of laboratory samples.

32. Quarterly, a Status Report, listing any DOT violations, deviated or rejected shipments, and all vehicle contaminations exceeding release criteria, shall be provided to the DCO and Ordering Activity/Waste Generator. The report will document any outstanding issues, corrective actions (e.g., treatment of nonconforming waste for excess moisture) performed by the Contractor, compliance, permitting or regulatory problems and resolution for issues from the previous quarter; and synopses of occurrences or events, which adversely affected treatment operations and their associated impact on operations and scheduled receipt or treatment.

33. For all Notice of Violations (NOVs) issued by regulatory agencies that may impact treatment of waste, the Contractor shall verbally notify the DCO within 24 hours by telephone upon discovery, and in writing within 48 hours. If any DOE waste stream is involved or impacted, the Contractor shall provide the NOV documentation. The contractor is responsible for penalties assessed against the government if the contractor is responsible for the violation, as determined by the DCO.

34. The Contractor shall provide reports as specified in individual Task Orders. In addition:

a. Annually, if performance under Task Orders occurred within the year, the Contractor shall provide a Waste Treatment Report to the CO and the EM Office of Waste Disposal (EM-4.22) documenting the Contractor’s performance under all open Task Orders.

b. For all awarded Task Orders, the Contractor shall provide a Final Summary Report to the DCO within 30 days after completion of the work certifying that the work is complete, and the waste meets Land Disposal Restriction treatment standards (MLLW only). The report shall include monthly waste shipments identifying weights, volumes, source, radionuclide content/characterization data, treatment methods, issues, certificates of disposal/destruction, and Waste Profile Record results.

35. The Contractor shall have no obligation to receive, handle, store, or treat any nonconforming waste material delivered to the Contractor's facility which is defined as:

material delivered that does not comply with the Contractor’s licenses, permits or regulations, profile (e.g., manifesting errors, contamination resulting from failure to comply with packaging, marking and shipment of material in accordance with DOT Title 49 CFR – Transportation, shipment is delivered to the facility without a “Notice to Transport”). Upon receipt of Non-Conformance determinations from the Contractor, the DCO, in consultation with the DCOR, will concur with the determination or issue alternate

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direction.

36. Upon delivery to the Contractor’s facility, if the loaded transport vehicle, containers or waste do not conform to the requirements of the treatment facility’s licenses or permits, or DOT, Title 49 CFR – Transportation the Waste Generator’s Waste profile, or arrive damaged, the Contractor shall notify the Ordering Activity/Waste Generator within 24 hours by telephone upon discovery, and in writing within 48 hours of the discovery for negotiation of a resolution. Non-conforming items may be identified upon receipt of the transport vehicle, during or after unloading, during sampling and/or treatment. Resolution may be, but is not limited to, the following:

a. Contractor may provide a proposed corrective action with an estimate of the cost to correct.

b. The Ordering Activity/Waste Generator may arrange for the waste to be returned to the origin site at the Ordering Activity/Waste Generator’s expense.

c. Ordering Activity/Waste Generator may direct an alternative course of action.

d. Either party may negotiate a rejection of the shipment.

e. After second attempt at treatment and failure to meet Land Disposal Restrictions, the parties shall negotiate an equitable adjustment to the Task Order for the management and/or return to the origin site, consistent with the provisions of this BOA.

37. Any waste or material destined for a disposal facility that fails to meet the disposal facility WAC and/or Land Disposal Restrictions after treatment (MLLW only), as determined by the DCO, shall be re-treated by the Contractor . If the second attempt is not successful, the Contractor shall discuss the next step to reprocess or return the waste to DOE for storage. For fixed price Task Orders, the Contractor shall bear all processing expense for any waste that the Contractor is unable to treat subsequent to Task Order issuance. After successful treatment by the Contractor’s subcontractor/vendor, the Contractor may invoice for the originally negotiated price.

C.4.2 BSFR Services

The Contractor shall perform comprehensive task-based service for disposal of materials with extremely low levels of radioactive contamination. BSFR Services have a standardized process to analyze materials with extremely low levels of radioactive contamination for disposal in specified permitted landfills. The levels of contamination, while detectable with modern equipment, pose no hazard to human health or the environment, as determined by the licensing authority.

BSFR Services consists of the Contractor surveying, sampling, and otherwise evaluating wastes potentially containing extremely low concentrations of residual radioactive material for disposition to an approved landfill that is not necessarily a LLW landfill. Depending on the specific licenses and permits held by the Contractor and the approved landfill used for disposal, RCRA and TSCA regulated wastes are not precluded from the BSFR Services process.

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Once the Contractor determines the wastes meets its approved authorized release criteria, the BSFR waste is then be transferred under its license authority for directed disposal at an approved landfill. This disposal alternative for BSFR shall remain under stringent regulatory controls and shall be determined by the Contractor’s regulators to be protective of the worker, the public, and the environment. As such, DOE requires both a certificate of release indicating that the waste met the Contractor’s radioactive material license, and a certificate of disposal from the approved landfill.

DOE recognizes Atomic Energy Act (AEA) authority equivalencies for activities regulated by the NRC or regulated by an NRC Agreement State under NRC AEA delegated authorities including the authorized release process. DOE will perform an initial evaluation of the Contractor’s BSFR program within a reasonable time after BOA award and subsequently afterwards under the DOECAP audits annually. The Contractor shall submit sufficient documentation for DOE to evaluate the adequacy of their BSFR program during these evaluations.

The Contractor conducting these radiological authorized release activities must develop and implement a documented program which addresses compliance with the specific requirements in the BSFR licensed program that are relevant to the particular activities being conducted as noted:

(1) The program, (documented by the Contractor’s plans, procedures, protocols and other documents developed to implement the relevant requirements) must be tailored to these activities and reflect a graded approach commensurate with the hazard or risk to the public and the environment resulting from the Contractor’s BSFR operations.

(2) Where long-term stewardship and institutional controls for protection of the public and the environment are necessary to meet the specific requirements in the Contractor’s license, the Contractor must ensure that the need for the controls is documented and maintained and to the extent the Contractor is responsible, implement the controls. If the Contractor is not responsible for implementation of the controls, the Contractor must provide reasonable assurance that necessary controls are being implemented by the responsible party prior to conducting activities that can affect the public or the environment.

Regardless of the performer of the work, the Contractor under its licensed authority is responsible for complying with the requirements of this contract and flowing down those requirements to subcontractors at any tier to the extent necessary to ensure Contractor compliance with its license requirements.

Licenses, Permits and Regulatory:

1. The Contractor shall possess and maintain appropriate licenses and permits as required by federal, state and local laws and ordinances that enable receipt, storage and treatment of LLW, MLLW and/or BSFR.

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2. All waste shall be managed in accordance with applicable laws and regulations.

3. DOE will review and approve authorized limits for BSFR before release of material to approved landfills.

4. All waste shall be released in accordance with applicable laws and regulations. BSFR waste shall meet the waste acceptance criteria of the approved landfill.

5. The Contractor shall comply with federal, state and local requirements…