Questions and Answers- Set 2.pdf

# Final

RFP

Section

Final RFP Sub- Section

Subject/Title Page Number

Question DOE Response

16 C C.4 Description of Services/Performance

Work Statement

12 Who determines non-conformances appears to be inconsistent among the various services. For LLW/MLLW Treatment, BSFR, Alternative Disposition, and Ancillary Services the Solicitation indicates the Contractor makes the determination of non-compliance, but for LAW Service, paragraph 33 states “….determination shall be made by the DCO.” Please clarify for each Service who has primary responsibility to determine when a non-conformance exists. The industry standard is for the receiving facility (aka the Contractor) to make the non-conformance determination.

The Contractor determines when receiving waste is not in compliance with existing license or permit. (see excerpts from Section C). The response to #10 below requires an amendment to the Solicitation, Section C. See Amendment 1 to the Solicitation.

1. C.4.1, 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…

2. C.4.2 , 34. The Contractor shall have no obligation to receive, handle, store, or release 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, and/or that does not comply with the Waste Generator’s Waste Profile…

3. C.4.3, 33. The Contractor shall have no obligation to receive, handle, store, or release any nonconforming 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, and/or that does not comply with the Material Generator’s Waste Profile

4. C.4.4, 36. 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…

5. C.4.5, 34. The Contractor shall have no obligation to receive, handle, store, or release 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, and/or that does not comply with the Waste Generator’s Waste Profile For each service, when waste fails to meet landfill WAC or applicable DOE authorized limits, the DCO makes the determination

6. C.4.1., #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.

7. C.4.2, #36, Any waste that fails to meet landfill WAC or applicable DOE authorized limits due to some error, fault or oversight of the Contractor, as determined by the DCO, shall be processed by the Contractor at no additional cost to DOE until the waste qualifies for release or disposal. If all reasonable attempts to process the waste fail, the facility shall prepare the waste for return 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.

8. C.4.3, #34; Any waste or material that fails to meet restricted or unrestricted release criteria due to some error, fault or oversight of the recycle/reuse contractor, as determined by the DCO, shall be processed by the recycle/reuse Contractor at no additional cost to DOE until the material waste qualifies for release or disposal. If all reasonable attempts to process the material fail, the Contractor shall prepare the material for return 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.

9. C.4.4,#37; Any waste that fails to meet landfill WAC or applicable DOE authorized limits due to some error, fault or oversight of the LAW Services Contractor, as determined by the DCO, shall be processed by the Contractor at no additional cost to DOE until the waste qualifies for release or disposal. If all reasonable attempts to process the waste fail, the facility shall prepare the waste for return to DOE for storage. The LAW Services Contractor shall bear all processing expense for any waste that the Contractor is unable to release due to no fault or error of its own. The Contractor shall refund any partial payment that may have been paid within ten days of shipment of the waste to the Ordering Activity/Waste Generator

10. C.4.5., #38 : 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.

17 C C.4 Description of Services/Performance Work Statement

12 Section C.4.4 states, “LAW services consists of the Contractor surveying, sampling, and otherwise evaluating wastes potentially containing low concentrations of residual radioactive material for alternative disposition to an approved landfill that is not necessarily a LLW landfill.” Please provide a definition of the term "LAW" and what radiological characteristics DOE considers "LAW" to be "low concentrations of residual radioactive material."

Does DOE have a threshold below Class A concentration limits prescribed in 10 CFR 61 that would be considered "low concentrations"?

NRC requirements appear in 10 CFR 61; DOE does not have a threshold criteria. DOE has LLW and there is no lower limit.

When DOE uses a commercial facility, NRC and Agreement States’ regulations and guidance apply.

18 C C.4 Description of Services/Performance Work Statement

12 Section C.4.4. Other than providing additional options allowing for competition for disposal of radioactive waste using the “LAW Services” line item, what are DOE’s objectives for including this service to DOE sites?

This disposal alternative provides applies stringent regulatory controls which are determined by the Contractor’s regulators to be protective of the worker, the public, and the environment. It also allows more contractors to bid on the services.

19 C C.4 Description of Services/Performance Work Statement

12 Section C.4.4. If a company has a licensed disposal facility that is capable of providing both “LAW Services” and “LLW and MLLW Treatment Services” and has the necessary procedures and authorization to receive waste meeting the LAW definition, will DOE consider awarding that company the specific “LAW Services” line item?

What would preclude the DOE from awarding a “LAW Services” line item to a company that has experience and is qualified and capable of receiving “LAW” but would dispose of the “LAW” in a licensed disposal facility rather than an alternative landfill?

A technical evaluation will be performed in accordance with Section M.3 to determine the Offeror’s ability to perform the requirements as specified in the RFP. See Section M., M.2 Basis for Award (page 149)

20 C. C.4.4 Law Services 33

Please confirm whether our Idaho facility meets the criterion found in “C.4.4. LAW Services” to bid in this category

A technical evaluation will be performed in accordance with Section M.3 to determine the Offeror’s ability to perform the requirements as specified in the RFP. See Section M., M.2 Basis for Award (page 149)

21 J. J.2 List of Deliverables 97 Section J. List of Deliverables, Item 13, Notification of start of treatment processing – What is the Contract section reference for this requirement?

Requirement will be deleted from Section J of the solicitation; it doesn’t appear in Section C. See Amendment 1 to the Solicitation.

22 J. J.2 List of Deliverables 97 Section J. List of Deliverables, Item 19, Final Summary Report - What is the Contract section reference for this requirement?

C.4.1., item 34 C.4.2, item 32; C.4.3, item 31; C.4.4, item 32;

C.4.5, item 34

23 J. J.2 List of Deliverables 97 Section J. List of Deliverables, Item 20, Non-conformances - What is the Contract section reference for this requirement?

C.4.1., item 36; C.4.2 item 35; C.4.3. item 34; C.4.4, item 35;

C.4.5, item 37

24 K. K.10 Organizational Conflicts of Interest Disclosure

102 Solicitation number 89303320REM000060 references that the offeror must provide an organizational conflict of interest in accordance with the Section K provision entitled, Organizational Conflicts of Interest Disclosure, however this provision is not included in Section K.

Can you please provide a copy of this provision and the form to be completed?

The clause is included in the amended solicitation. See Amendment 1 to the solicitation.