A02 DRAFT PWS_Hazardous Waste Disposal (2023-2028).docx

Performance Work Statement (PWS) Version April 2022

C.1 Scope

C.1.1 Background: Aberdeen Proving Ground (APG), Maryland has an ongoing and continuous need for the removal and disposal of hazardous and certain non-hazardous waste, including but not limited to waste regulated by the Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Maryland State regulated hazardous waste, Polychlorinated Biphenyls (PCBs), industrial and chemical agent related/deconned waste. These wastes, as shown in the separately attached document, (Schedule of Disposal Services and Supplies) are generated by various tenants/organizations located in the Edgewood and Aberdeen areas of APG and occasionally from off-site areas controlled by APG, to include Adelphi Laboratory Center (ALC).

C.1.2 Objectives: The objective of this contract is to obtain quality services for 1) The packaging, removal, and disposal of hazardous and certain non-hazardous waste; 2) Emergency and non- emergency response and remediation services; and 3) Transportation of waste from various locations to APG's permitted hazardous waste storage facility, temporary storage building (5110 in Aberdeen area), and/or off-site Treatment Storage Disposal Facilities (TSDFs). Specific performance standards and metrics include: Removal of all waste from APG in twenty five calendar days (except bulk waste which must be removed in three working days), error free shipping documents, adequate contractor staffing and training to perform the job per the PWS, and timely submission of invoices and other required documentation per the PWS.

C.2 Applicable Documents:

a. Code of Federal Regulations (CFR) Title 40, Parts 260-299 and 761

b. Code of Maryland Regulations (COMAR) Title 26

c. Resource Conservation and Recovery Act (RCRA)

d. Toxic Substance Control Act (TSCA)

e. Code of Federal Regulations 29 CFR 1910

f. Clean Air Act (CAA)

g. Federal Insecticide Fungicide, Rodenticide Act (FIFRA)

h. Department of Transportation Regulations (49 CFR)

i. Aberdeen Proving Ground Regulation 200-50 (Integrated Solid Waste Management)

j. Aberdeen Proving Ground Regulation 200-60 (Hazardous Waste Management)

k. Environmental Protection Agency (EPA) Regulations

l. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

m. Corn Cyst Nematode, Federal Plant Pest Regulation, 7 CFR 301.90 and 7 CFR 330

n. Army Regulation (AR) 200-1

o. All other applicable federal, state and local environmental laws, regulations and requirements.

C.2.1 Specific phases of work. The contractor shall provide all labor, equipment, supplies, permits, and material, unless otherwise stated in this PWS, to package, remove and dispose of the waste listed in the Schedule of Disposal Services and Supplies in accordance with all applicable laws, regulations, and guidance cited in paragraph C.2 above. All waste removed under this contract shall be disposed of in the Continental United States unless approved by the Contracting Officer’s Representative (COR) in writing.

C.3 Project Management.

C.3.1 Project Management Fee.

All costs associated with project management shall be billed to the Government on a monthly basis, Contract Line Item (CLIN) 1001AA-5001AA. This is a firm fixed monthly price which the contractor will charge for any on-site labor, vehicle(s), telephone charges, monitoring equipment and other items which are needed to perform and manage the day-to-day on-site operations of the work. This cost does not include the actual waste disposal, transportation, packaging material, and any other materials needed to package and ship waste. These waste disposal costs shall be included in and billed as a separate firm fixed priced item, CLIN 1001AB-5001AB, based on the Schedule of Disposal Services and Supplies.

C.3.2 Staffing.

Quality Control: The contractor shall be responsible for overall quality control management of the contract and shall designate qualified individuals to perform quality control management of the contract.

All personnel identified in C.3.2 shall have individual work email account to conduct daily business with the Government. The Government has the right to remove any contractor employee from the installation and to deny access to the installation by any contractor employee who poses a potential threat to the health, safety, security, general well-being, or operational mission of the installation or its population. The Contractor shall provide a roster of personnel expected to perform services under this contract to the COR, no later than ten (10) workdays prior to commencing work. This personnel roster shall include the employee’s full name and position to be held. The Contractor shall update this roster within ten (10) calendar days if personnel changes occur during the duration of the contract.

Personnel Security Requirements: The Contractor shall comply with Government personal identity verification procedures implemented in Homeland Security Presidential Directive (HSPD) – 12, Office of Management and Budget (OMB) Guidance M-05-24, and Federal Information Processing Standards Publication (FISP PUB) number 201.

Contractor personnel shall meet the following requirements:

All employees Leaders shall be legal residents of the United States and shall able to read, write, speak, and understand English.

The Contractor shall ensure that employees are legal residents of the United States, qualified, possess the skills, knowledge, and training to satisfactorily perform the services required by the contract. Personnel performing work under this contract shall not be considered employees of the Government. All employees assigned by the Contractor to perform work under this contract shall be physically able to do the assigned work.

Contractor personnel operating a vehicle in performance of this contract shall have current, valid driver’s licenses.

Identification of Personnel. The Contractor shall ensure each employee has a clearly readable picture identification badge. The badge shall be made of a durable material or plastic, and shall include, as a minimum, the employee’s name and current/recent picture, badge number, and Contractor’s name. These ID badges shall be consecutively numbered and made accountable by the Contractor. The Contractor shall ensure that contract personnel wear the badge in plain view at all times when performing work under this contract. The Contractor shall provide a list of badge numbers to the Contracting Officer and COR at the post award meeting, and shall update list as changes occur. The installation may also require a Government issued badge and/or gate pass.

Appearance of Personnel. The Contractor shall ensure that contract personnel present a neat and professional appearance at all times. Contractor’s personnel shall remain fully clothed at all times while performing under this contract. This includes shirts with sleeves (short or long), long pants, and shoes. At all times during contract performance contractor personnel shall wear as outer wear a shirt or vest with the company logo and name. Offensive pictures, sayings, tank tops, tee shirts and spandex or similar fabric worn as outerwear are strictly prohibited.

Conduct of Personnel. Contractor personnel’s conduct shall not reflect discredit upon the Garrison or the Department of the Army. The Contractor shall remove any employee for reasons of misconduct or security from the jobsite. The removal from the job site of such a person shall not relieve the Contractor of the requirement to provide sufficient personnel to perform adequate and timely service.

The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest nor shall the contractor employ any person who is an employee of the Department of the Army, either military or civilian, unless such person seeks and receives approval in accordance with the Joint Ethics Regulation. In addition, the contractor shall not employ any person who is an employee of the Department of the Army if such employment would be contrary to DA policies.

Post Regulations. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance.

C.3.2.1 Project Manager: To ensure proper oversight of work and prevent a personal services relationship from occurring, the contractor shall maintain a minimum of an on-site Project Manager (PM) at APG while other contractor employees of the company are on-site. A full-time presence of personnel is required in a contractor provided trailer/temporary office building in a fenced compound in the Edgewood area of APG near Building E5863 (TSDF). The PM will serve as the primary Point of Contact (POC) for the duration of the contract. When the PM is not available, he/she shall designate an alternate to be in charge. The PM shall have at least the following minimum qualifications:

a. A baccalaureate degree in Chemistry/Environmental Science, or related scientific/technical field.

b. Five (5) years of experience or more in hazardous waste disposal operations as a lab pack chemist which has provided the individual with first-hand knowledge and experience with safety procedures, hazardous waste identification and handling, spill response, reporting and hazardous waste manifesting procedures.

c. Two (2) years’ experience as a project manager operating a TSDF or other operation equivalent in scope and responsibility of this requirement.

d. Be current with applicable Department of Transportation (DOT) and all applicable Occupational Safety and Health Administration (OSHA) training requirements.

e. Shall have a valid Commercial Driver's License (CDL) with hazardous material endorsement and also in compliance with COMAR 26.13.04.01.F.

f. Have experience and required training, as specified in this PWS, and also have training to handle reactive waste.

g. Shall have confined space training in accordance with applicable OSHA regulations.

C.3.2.2 The contractor shall provide an adequate number of qualified hazardous waste lab pack technicians/chemists who possess at a minimum all training as specified in paragraph C.3.2.1 (d) thru (g) and have at least one year of experience as lab pack chemist/technician.

C.3.2.3 The contractor PM shall coordinate with the COR to ensure that planned leave schedules is not going to adversely impact operations. At a minimum, there must be two (2) trained personnel at APG during each operating day (see C.3.15, Operating Hours). All personnel working under this contract shall be capable of operating all equipment (trucks, forklifts, scales, etc.) normally used in waste pickup, removal and disposal operations at APG.

C.3.2.4 When needed, the contractor shall provide additional staff, equipment, supplies, vehicles, etc. at no additional cost, to perform work described in the PWS and remove waste in a timely manner should there be a surge in waste generated.

C.3.3 Removal: The contractor shall prepare accurate documents for waste being shipped and submit those documents to the COR for review no later than three (3) workdays prior to the scheduled shipments. For bulk waste, shipping documents must be submitted at least 24 hours prior to the shipment.

C.3.3.1 Task Orders. The Contracting Officer will issue Task Orders throughout the contract ordering period. For internal tracking purposes, separate Task Orders may be issued for waste disposal, CERCLA and other special projects.

C.3.3.2 Removal and Disposal Orders (RDO). To determine the date when waste is provided to the contractor for disposal, the COR will issue RDOs. The RDO will set forth the exact waste to be removed, by assigning a bar code to each waste item/container, the date the waste is turned over to the contractor, the applicable Task Order number, and the RDO number. The contractor’s on-site representative shall sign the RDO acknowledging receipt of the RDO. The period of performance for removal and disposal will begin on the date the contractor’s on-site representative signed the RDO or the date the RDO is presented to the contractor on-site representative. The RDO will be consolidated into the applicable Task Orders.

C.3.3.3 Period of Performance. The contractor shall begin performance within five (5) days after the issuance of a RDO for the removal of non-bulk items. All items, unless otherwise directed by the COR, shall be removed from the Government installation within twenty five (25) calendar days after issuance of the RDO. For bulk items, the COR will provide information necessary to fill out a waste profile to the contractor prior to the issuance of the RDO. The period of performance for the bulk items is three (3) workdays and the contractor shall begin performance within 24 hours of the issuance of the RDO. The contractor PM shall meet with COR weekly to provide a schedule for the upcoming week. The schedule shall be based on consultations with the COR. The contractor will allow for flexibility and changes in the schedule in case of a spill, non-compliance issue, changing priorities, or an urgent request of an internal customer.

C.3.3.4 Weighing of waste. The contractor shall weigh all waste before removal. A Government representative or a designee will witness all weighing and provide oversight. Variance in weight as a result of erroneous weighing or failure to weigh the waste on site will not constitute a change to the RDO. The Government will not pay for any increase in weight/volume found by the contractor or its subcontractor after the shipment.

C.3.3.4.1 Bulk items. Bulk items shall be weighed by one of the following methods.

a. Actual weight using Government scales.

b. Actual weight using commercial scales when Government scales are not available.

c. Calculated weight using actual volume and known specific gravity when scales are not available.

When scales are used, the vehicle must be weighed before and after loading. The contractor shall inspect all transportation vehicles prior to loading to ensure that they are clean, contain no waste, no hazardous/non-hazardous placard is affixed, driver and vehicle have all appropriate permits from the State of Maryland and the State in which the receiving TSDF is located.

C.3.3.4.2 If necessary the contractor shall arrange and incur all expenses of weighing at the nearest certified commercial scale. The contractor shall provide the COR the scale ticket before and after loading the bulk waste. Historically, use of commercial scales has been needed less than 10% of the time.

C.3.3.4.3 Non-Bulk items. The contractor shall provide portable scales with a minimum capacity of 1,500 pounds at all sites where the contractor will package waste for shipment. For the purpose of this contract, scales permanently affixed or built into a vehicle are considered portable scales. At each pickup site, prior to the use of a portable scale, the contractor shall demonstrate reasonable weight accuracy to the Government representative or designee. Only material, which will be removed by the contractor, shall be weighed. Pallets, boxes, packing material etc. that are not part of waste, shall not be included in the weight.

C.3.3.4.4 Tanker Truck. The contractor shall provide a means of identifying the quantity (pounds or gallons) of waste pumped into tanker. The actual quantity shipped shall be shown on the manifest.

C.3.3.5 Packaging, Marking and Labeling.

C.3.3.5.1 The contractor shall package or repackage, mark, label and load all items in accordance with applicable federal, state and local laws and regulations. The contractor shall mark and label all containers and affix the appropriate placards to each vehicle before transporting waste. The contractor shall affix bar code numbers on top of each container prior to loading them on vehicles.

C.3.3.5.2 The Government cannot guarantee that waste is currently containerized in accordance with DOT regulations. If necessary, the contractor shall overpack or re-containerize the waste and dispose of the old container at no additional cost to APG.

C.3.3.5.3 The quantities shown in the “Schedule of Disposal Services and Supplies” provide total estimated waste that are expected to be generated based on historical data and future projection. There is no guarantee that APG will generate any, substantially less or more than estimated amounts. A portion of these waste products are laboratory quantities in original containers including, but not limited to 100 gram bottles, one-pint bottles, one-quart bottles, one-liter bottles and one-gallon bottles. The contractor shall perform lab packing and provide outer containers for lab packs and all necessary materials to package these items, at no additional cost to APG.

C.3.3.5.4 The contractor shall inventory and number each master lab pack. Numbers will be provided by the COR. One (1) copy of the lab pack list shall be attached to each container and each manifest copy. One (1) copy of the lab pack list shall be provided to the COR on the date the item is packed. Lab pack lists shall show APG inventory numbers or bar code numbers without any exceptions. The contractor shall affix master lab pack bar code number on top of each lab packed container.

C.3.3.6 Manifesting.

C.3.3.6.1 The contractor shall provide a uniform hazardous waste manifest to the COR for all waste removed under this contract. APG frequently generates Maryland listed waste which also require hazardous waste uniform manifest for shipping (see COMAR 26.13). The contractor shall obtain and prepare all manifests, land ban certification/notification and other required shipping documents for review and signature by the COR or Government designee. The manifest will be reviewed and signed by the COR or Government designee.

C.3.3.6.2 Each manifest document and attachment shall specify APG contract number, task order number and RDO number. Inventory number(s) shall be specified on the manifest or listed on an attachment to the manifest document. A copy of each attachment must be attached to each manifest copy.

C.3.3.6.3 Manifests shall be submitted to the COR three (3) workdays prior to shipment except for bulk shipment which must be submitted at least 24 hours before the shipment.

C.3.3.7 Transportation. Transportation provided by the contractor (including all subcontractors) shall meet the requirements of COMAR 26.13.04 and all applicable DOT laws and regulations (49 CFR), as implemented by state and local guidance. The contractor shall possess all permits, licenses and approvals required by referenced regulations. The contractor shall show evidence of current Maryland and the receiving state's hazardous waste transporter permits prior to loading any material. The COR shall be informed of selected transporters and retains the right to reject a transporter if past performance is poor or inadequate, or the certifications do not meet minimum standards.

C.3.3.8 Removal and Disposal of Soil, Debris and Tank Excavation. The contractor shall provide all labor, equipment, material and supplies to remove excavated soils, debris and storage tanks in accordance with the Underground-Storage Tank (UST) Program and Installation Restoration (IR) Programs. The contractor shall provide operation and safety plans to the COR for review prior to beginning such projects.

C.3.3.9 Pick-up Location. Waste shall be picked up from buildings E-5850, E-5864, E-5866, building 5110, 90-day sites, bulk generation sites (end process generation), satellite sites, and non-routine sites for delivery to building 5110 in Aberdeen area or APG TSDF or an off-site location controlled by APG. The COR will specify pick-up dates and locations. Except when advised by the COR, all waste shall be packaged and shipped from these sites directly to off post commercial TSDF.

C.3.3.10 Off-Site Storage of Waste. The contractor shall provide interim storage of wastes at commercial TSDFs while destined for, or awaiting treatment, disposal and/or destruction at appropriate facilities. This includes storage of all items, with no exception, after 25 calendar days of issuance of an RDO. Commercial TSDF’s shall be permitted by the applicable regulating agencies to accept that type of waste. All associated storage costs must be included in the firm fixed price outlined in the “Schedule of Disposal Services and Supplies".

C.3.4 Disposal. The contractor shall provide all services, material and equipment necessary for final disposal of waste. This includes sampling, analysis, transportation, treatment, disposal, destruction, and all other actions to ensure final disposal is in accordance with all applicable local, state, and federal laws and regulations. The contractor shall submit disposal certification and all sampling and analyses performed with each invoice for the task order under which the removal/disposal was ordered.

C.3.4.1 Disposal period of Performance. Disposal of all items identified in the RDO shall be completed within 180 calendar days after issuance of the RDO. Additionally, all PCB related items must be disposed of within one year of Out of Service Date (OSD).

C.3.4.2 Final Treatment, Disposal and Destruction.

C.3.4.2.1 Methods and waste handling codes that describe storage, consolidation, bulking, interim treatment, or such terms as reuse or recycling do not meet the definition of final treatment, disposal, destruction under 40 CFR Parts 264, Appendix I, Table 2 and 40 CFR 268. Mere acceptance of the hazardous waste by a permitted TSDF does not meet the definition of final treatment, disposal, and destruction. It is the contractor’s responsibility to obtain all necessary documentation to prove that the final disposal has been accomplished. Waste handling codes S99, T18, T34, T47, T66, T77 and D99 are defined as "Other" in 40 CFR 264, Appendix I, Table 2. A definitive approved treatment method shall be specified for each "Other" waste handling code. Treatment methods shall be approved by the COR prior to treatment. Additionally, the contractor shall follow instructions for completing the Hazardous Waste Manifest, EPA Form 8700-22.

C.3.4.2.2 The contractor shall only use facilities for recycling wastes that have an EPA identification number, have the licensed defined ability and state/federal approval to recycle the designated waste.

C.3.4.2.3 The contractor shall obtain and provide to the COR all documentation needed to prove that final disposition has been accomplished. This documentation shall be attached to the Certificate of Disposal.

C.3.4.3 Disposal Methods.

C.3.4.3.1 Mandatory Recycling/Reuse. The contractor shall recycle/reuse/fuel blend all hazardous waste to the maximum extent practical and allowed by applicable local, state and federal laws/regulations.

C.3.4.3.2 Thermal Treatment (40 CFR 264 appendix I). Thermal treatment is incineration or destructive incineration. Examples of incineration are destruction of the waste in a rotary kiln incinerator, destruction in a liquid injection incinerator, etc.

C.3.4.3.3 Physical Treatment (40 CFR 264 appendix I). Examples of treatment are centrifugation, clarification, coagulation, and other physical treatment, which will reduce the hazardous constituents of the waste to the treatment standards, established by EPA in 40 CFR 268 or use specific technology specified by EPA in 40 CFR 268.

C.3.4.3.4 Chemical Treatment (40 CFR 264 appendix I). Chemical treatment is the alteration of the chemical composition or chemical stabilization to neutralize the waste material. Examples of chemical treatment are chemical reduction, chemical fixation, chemical oxidation, chlorination, etc.

C.3.4.3.5 Biological Treatment (40 CFR Part 264 Appendix I). Biological treatment is the alteration of the waste material through biological means to neutralize the waste stream. Examples of Biological Treatment are Activated Sludge, Composting, and Septic tank.

C.3.4.3.6 Land Disposal. Land disposal means placement in or on the land and includes but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.

C.3.4.3.7 Land disposal is prohibited for all hazardous wastes disposed of under this contract. However, if permitted by EPA under 40 CFR 268, landfill of certain stabilized hazardous waste may be approved on a case-by-case basis by the COR. Land disposal of stabilized hazardous waste and all non-hazardous waste shall be limited to landfills that have a valid Subtitle C RCRA permit and approved by EPA to accept CERCLA waste. The contractor may use any Subtitle D RCRA landfill for non- hazardous waste removed under this contract only after the express written approval of the COR and only if appropriate CLIN (landfill-Subtitle D) is assigned to that waste. The facility must also be approved by EPA to accept CERCLA waste. Deep well injection of any hazardous or non-hazardous waste removed under this contract is prohibited.

C.3.4.4 Waste Related Services. This section deals exclusively with services performed by on site contractor’s staff. For the following services, the contractor shall bill only material and supplies under CLIN 1001AD-5001AD, since all on site labor and equipment costs are already included in the monthly Project Management Fee under CLIN 1001AA-5001AA. All supplies provided or services performed can be marked up by, no more than 15%, to reimburse the prime contractor for their effort and to compensate for administrative burden and capital costs.

C.3.4.4.1 Emergency Spill Response. The contractor shall provide all labor, equipment, material and supplies, unless otherwise indicated, to clean up hazardous material/waste spills. Disposal of cleanup material will be in accordance with the applicable pricing from the Schedule of Disposal Services and Supplies, CLIN 1001AB-5001AB.

C.3.4.4.1.1 The contractor shall respond to a spill site no later than two (2) hours after receiving a verbal notification by the COR that a spill has occurred. The contractor shall have adequate supplies and equipment to contain a small to medium sized spill and clean it up at the time of response. For a large spill, the contractor should be able to rent additional equipment and resources from local suppliers to contain and clean up. The contractor shall provide documentation that an agreement is in place with other local commercial spill response companies for additional resources in case of larger spills.

C.3.4.4.1.2 COR will attempt to contact the contractor telephonically when an emergency arises. If unable to reach the contractor within 30 minutes of the initial try, the two (2) hour response time will begin accruing. If unable to reach the contractor within two (2) hours, the Government will take whatever action is necessary, at the contractor’s expense, to remediate the spill in the most expeditious manner, to include, but not limited to, using another contractor to clean up, containerize and transport the spilled residues to the APG’s TSDF or 90 day site.

C.3.4.4.2 Waste Pick-up. The contractor shall provide personnel and equipment on an as needed basis, to pick up waste from designated locations throughout Edgewood and Aberdeen area and APG’s off-site properties and transport it to APG’s TSDF in Edgewood area and/or Building 5110 in Aberdeen area. The COR will provide the contractor with pick up locations. The contractor will perform these services only as directed by the COR and all associated costs are considered part of the fixed price Project Management Fee, CLIN 1001AA-5001AA. Packaging, bulking, sampling, or other preparation services normally performed to remove waste shall not be charged as these costs are already included in waste disposal cost portion, CLIN 1001AB-5001AB.

C.3.4.4.3 First Entry Monitoring. The contractor shall perform first-entry-monitoring at the TSDF or other APG sites, as directed by the COR. First-entry-monitoring shall include opening the storage facility bay doors, monitoring of air quality within each bay, and inspecting each bay for spills, leaks, and defective containers. Appropriate protective equipment shall be used during this monitoring procedure.

C.3.5 Other Waste Related Services. This section deal exclusively with services performed by offsite staff of the contractor or a subcontractor. The contractor will submit a proposal to the COR and shall proceed only after its approval. All supplies provided or services performed by a subcontractor can be marked up by, no more than 15%, to reimburse the prime contractor for their effort and to compensate for administrative burden and capital costs. These services must be billed under CLIN 1001AD-5001AD.

C.3.5.1 The Government will not pay for any “Other Waste Related Services” unless ordered by the Contracting Officer Representative (COR). The contractor shall not bill for on- site staff, vehicles, and equipment cost which are already included in Project Management Fee, CLIN 1001AA-5001AA.

C.3.5.1.1 The contractor shall provide additional resources, when needed, without any additional cost to APG in case of a surge in waste generated. However, if more specialized trained personnel are needed (e.g., to handle reactive waste, test cylinders, etc.) the contractor may place a request to the Contracting Officer for a subcontractor to assist.

C.3.5.1.2 Emergency Spill Response. This section only applies when the COR determines that on site contractor staff can’t handle the spill because more specialized trained personnel and equipment or additional resources are needed to contain and clean up spill. The contractor shall provide all labor, equipment, material and supplies, unless otherwise indicated, to clean up hazardous material/waste spills. Disposal of the material shall be in accordance with the applicable pricing from the Schedule of Disposal Services and Supplies.

C.3.5.1.3 The contractor shall respond to a spill site no later than two (2) hours after receiving a verbal notification by the COR that a spill has occurred. The contractor shall have adequate supplies and equipment to contain and cleanup any spill. The contractor should provide documentation with the proposal if available, that it has agreements in place with other local commercial spill response companies for additional resources in case of even larger spills.

C.3.5.1.4 COR will attempt to contact the contractor telephonically when an emergency arises. If unable to reach the contractor within 30 minutes of the initial try, the two (2) hour response time will begin accruing. If the contractor is non-responsive after the two (2) hour timeframe lapses, the Government will take whatever action is necessary to remediate the spill in the most expeditious manner, to include, but not limited to, using another contractor to clean up, containerize and transport the spilled residue to the APG’s TSDF or 90 day site. The contractor may be subject to cost reimbursement to the Government’s due to inaction or non-responsiveness.

C.3.5.2 Miscellaneous Services. The contractor shall perform other services related to the management and disposal of hazardous and industrial waste, as directed by the COR. Services shall be billed under CLIN 1001AD-5001AD and may include but are not limited to – response to unusual events like pressure check, transfer contents, over pack, sample and analysis of unknown cylinders, stabilize and/or remove unstable waste, clean up spill/waste sites which may require confined space entry, provide truck/tanker services, pay for truck/tanker demurrage, any fee or transportation charges for returning cylinders, excess chemicals, batteries; any fee or charges related to waste related activity, etc.; purchase necessary supplies like drums, totes, specialized boxes/containers, field test kits or rent necessary equipment. Any work performed or supplies purchased under CLIN 1001AD-5001AD less than $5,000.00 (current micro-purchase threshold) requires written approval by the COR. In emergency situations, verbal approval may be granted by the COR, but will be followed up by an email or other written confirmation. Any service work performed or supplies purchased greater than $5,000.00 must be approved in writing by the Contracting Officer.

C.3.6 Waste Description.

C.3.6.1 The contractor shall be capable of disposing of all waste types described below within the time frame specified in this contract.

C.3.6.2 Waste Profiles. APG waste generators will submit profiles through the COR to the contractor. The generator, when necessary to support the profile, will also submit analysis results. The contractor shall provide technical assistance to generators in the preparation of profiles. All analytical data specified will be supported by SDSs, and/or analysis. Generator knowledge, historical records, and other supportive data may be used as a sole source or as supplemental information for the profile. The contractor shall provide documentation that it has generic profiles in place with commercial TSDFs to ship all types of waste generated by APG and as described below.

C.3.6.3 Liquid/Multi-Phase categories include liquids, free-liquids, sludge and solids with free liquids. It is defined by EPA as waste, which failed paint filter test, test method 9095,"Test Methods for evaluating solid wastes Physical/Chemical methods”, SW846, Third edition.

C.3.6.4 Waste Consolidation and Bulking. Except certain non-regulated / non-hazardous waste, generally waste is not going to be allowed to consolidate or bulked due to safety concern. However, consolidation and bulking of compatible wastes from containers to a tanker truck or smaller containers to larger containers when performed at APG is allowed, if permitted and performed in accordance with all applicable federal, state and local laws and regulations, except as noted above. Waste consolidation and/or bulking at a transfer station or at a storage TSDF is not authorized under this contract.

C.3.6.5 Waste Types.

C.3.6.5.1 Small Containers. A small container is defined as a receptacle containing hazardous or non-hazardous waste when the container size is equal to or less than five (5) gallons. Small containers will not include Aerosol, cylinders, PCB items, or batteries. Also excluded from small containers are items that can and will be consolidated such as debris and filters. If 5-gallon containers are DOT shippable and contents do not need to be incinerated, then containerized Contract Line Item (CLIN will be assigned. All small containers shall be incinerated as the disposal method unless prohibited by 40 CFR 268 or other applicable regulation, in which case applicable containerized CLIN will be assigned.

C.3.6.5.2 Cylinders: Cylinders may contain various gases and/or liquids, both regulated and non-regulated wastes and may come in various sizes to be categorized in terms of “Less than 4 pounds” (generally calibration gases), “Less than 15 pounds” and “15 pounds and over.” Disposal shall be in accordance with the EPA disposal method applicable to the contents of the cylinder.

C.3.6.5.3 Bulk waste. At the Government’s discretion, waste may be assigned bulk CLIN. These items will be consolidated in a bulk DOT shipping container-like tanker, roll-off or dump truck. Generally waste will be in moveable or fixed tanks/vessels/containers or stored in a different manner (e.g. in pile, etc.). The Government will purchase a minimum of 40,000 pounds for liquid and 30,000 pounds for solid waste. Bulk waste includes, but is not limited to hazardous waste, non-hazardous waste, industrial wastewater, soils, construction materials, asbestos, ash, petroleum products, fuels, and oils. Bulk Waste CLIN includes both liquid and solid unless CLIN is broken down in the Schedule of Disposal Services and Supplies.

C.3.6.5.4 Batteries. All batteries will be assigned appropriate containerized solids CLIN in the appropriate category; except Lead Acid batteries which the contractor shall ship to a permitted recycler or manufacturer at no additional cost to the Government. Batteries include, but are not limited to Lithium (all types), NICAD, and mercury types. Batteries, if recycled may be universal waste under EPA and State of Maryland regulations and should be sent to a permitted recycler by the contractor. APG will collect universal batteries at TSDF in Edgewood area and Building 5110 in Aberdeen area.

C.3.6.5.5 Polychlorinated Biphenyls (PCB): PCB is any contaminated materials or items that contain 50 ppm or greater PCB. Waste includes, but is not limited to transformers, Capacitors, liquids, solids, sludge and bulk waste. PCB’s shall not be disposed of by land disposal. The COR may approve for land disposal of PCB transformers or other electrical equipment that contain 50-499 ppm PCB once they have been drained of all free flowing liquid.

C.3.6.5.6 Waste Solvents: Waste Solvents are defined as having EPA code D001 with flash point less than 140F; and/or D018, D035, F001 through F005 and U159. Waste Solvents may be in liquid, solid or multi-phase form.

C.3.6.5.7 Corrosive Waste: Corrosive Waste is waste meeting EPA code D002. Waste may be in liquid, solid and multi-phase or bulk form.

C.3.6.5.8 Reactive Waste: Reactive Waste is waste that meets EPA code D003. Waste may be liquid, solid, and multi-phase or bulk form.

C.3.6.5.9 TCLP Inorganic: TCLP Inorganic consists of waste that meets EPA Codes D004 through D011, and are commonly known as heavy metals. Waste may be in liquid, solid, and multi-phase or bulk form.

C.3.6.5.10 TCLP Organic: TCLP Organic is waste that meets EPA Codes D012 through D043. Waste may be in liquid, solid, multi-phase or bulk form.

C.3.6.5.11 F-Listed Waste (except waste solvents): F-Listed Waste is defined in 40 CFR 261.31. Waste may be in liquid, solid, multi-phase or bulk form.

C.3.6.5.12 K-Listed Waste: K-Listed Waste is defined in 40 CFR 261.32. Waste may be in liquid, solid and multi-phase or bulk form.

C.3.6.5.13 P-Listed Waste: P-Listed Waste is defined in 40 CFR 261.33 (e). Waste may be in liquid, solid and multi-phase or bulk form.

C.3.6.5.14 U-Listed Waste: U-Listed Waste is defined in 40 CFR 261.33 (f). Waste may be in liquid, solid and multi-phase or bulk form.

C.3.6.5.15 Industrial Wastewater: Industrial Wastewater is defined as waste generated from various industrial and research processes that may be toxic but are not regulated by EPA or State of Maryland as hazardous waste. Purge water / wastewater contaminated with oil or antifreeze with up to 10% TOC, and which can be processed by a non- subtitle C facility, will be considered Industrial Wastewater. Waste may be in containers or bulk form.

C.3.6.5.16 Non Hazardous: Waste may be toxic but not regulated by EPA as a hazardous waste, however it may be regulated by the State of Maryland. Waste may be in liquid, solid or multiphase form. Due to unique missions, APG generates chemical agent related and/or experimental compounds/Non Traditional Agent (NTA) liquid and solid waste which is currently not regulated by EPA. All chemical agent and NTA related waste will be detoxified/monitored in accordance with the established Army/APG regulations or an individual risk analysis will be conducted to ensure minimal risk to human health and the environment.

C.3.6.5.17 Incineration - APG may require certain hazardous and non-hazardous waste to be incinerated rather than treated by any other method. An example of this type of waste is chemical agent related lab debris or certain agent deconned solution; experimental compounds/NTA with no or insufficient toxicity data, in liquid, solid or debris form which APG prefer to send to a permitted TSDF for direct incineration- incineration without opening the container for QA/QC purposes due to safety concern and to minimize potential exposure to the receiving TSDF staff. All chemical agent or NTA related waste will be detoxified/monitored in accordance with the established Army/APG regulations or an individual risk/hazard analysis will be conducted to ensure minimal risk to human health and the environment.

C.3.6.5.18 Oil Contaminated Soil: is defined as earthen material contaminated by petroleum based material and must be recycled at an approved soil recycling facility.

C.3.6.5.19 Special medical waste is defined by COMAR 26.13.11.02 and includes items such as: cultures, stocks of microorganisms, biologicals; blood and blood products; pathological wastes; sharps; animal carcasses, body parts, bedding and related wastes; isolation wastes; any residue resulting from a spill cleanup; any waste mixed with or contaminated by infectious medical waste. All special medical waste must be incinerated or autoclaved in accordance with applicable State, Federal and Local regulations. The contractor must provide containers and liners at no additional charges to collect special medical waste and will pick up waste from several point of generation or designated storage locations.

C.3.6.5.20 Naturally Occurring Radioactive Material (NORM) waste: Generally this waste is Acidic water (D002) from testing containing NORM Uranium less than 30ppb, however occasionally it may contain RCRA metals except Mercury or it may be non hazardous.

C.3.6.5.21 Bulk chemical agent (including NTA) contaminated building debris: This type of waste is generated to support demolition of buildings which may be contaminated by chemical agent and/or NTA. Waste will be monitored/detoxified by APG before shipment in accordance with established Army/APG regulations or an individual risk/hazard analysis will be conducted to ensure minimal risk to human health and the environment. Basically this type of waste includes, but not limited to, filter housing, duct works, piping, drain lines, furniture, and other construction debris which are generally hollow and lighter in weight. Waste may be stored on site and/or shipped off site mostly in contractor provided roll offs, and occasionally on flatbed trucks including single or double drop decks, box vans for short period of time, 1-2 weeks. The Government will purchase a minimum of 30 CY (Cubic Yard) per shipment. Without any exception, this type of waste must be disposed in a Subtitle C landfill. This waste when containerized or on pallets and bulk building demo waste is covered under Non Hazardous, Section C.3.6.5.16.

C.3.6.5.22 Supplies: To facilitate waste collection and management, COR may request rental of roll offs, generally 30 cubic yard capacity but occasionally it may be 20 or 40 cubic yard capacity; and the purchase of Reconditioned Open Head Steel (1A2) and New Poly (1H2), 55 gallons drums, carbon fiber boxes, PACTEC Bags (small and large), pallets, and 275 Gallon Tote Tanks.

C. 3.7 CLIN Hierarchy: CLIN Selection will be determined in accordance with the following hierarchy:

a. Waste containing Inorganic Mercury equal to or greater than 260 ppm.

b. NORM waste

c. Polychlorinated Biphenyl (PCB)

d. Listed waste. If the waste is a combination of more than one listed waste, the following hierarchy will apply:

1) Acutely Hazardous (P-Listed)

2) Dioxin related (F020-F023, F026-F028)

3) Leachate (F039)

4) Electroplating related waste (F006-F012, F019)

5) Commercial chemical products (U-Listed)

6) Specific Sources (K-Listed)

7) Other F listed waste

e. Characteristics waste. If waste exhibits more than one characteristics, the following hierarchy will apply:

1) Reactivity (D003)

2) Oxidizer (D001)

3) TCLP Organics (D012-D043)

4) Ignitability (D001)

5) TCLP Inorganic (D004-D011)

6) Corrosivity (D002)

f. Cylinders and Aerosols will be assigned the appropriate CLIN regardless of the waste type.

g. Empty containers will be assigned appropriate containerized solid CLINs.

h. Batteries will be assigned appropriate “Solid” CLIN based on the waste code of solid/core material. An exception to this rule is Lead Acid batteries which must be shipped to a permitted recycler or manufacturer without any charges to the Government.

i. Non-empty containers, with containers less than or equal to five (5) gallons will be assigned appropriate small containers CLIN. However, if five (5) gallon containers are DOT shippable and do not have to be incinerated (e.g., waste that could be fuel blended or treated at wastewater treatment facility) will be assigned appropriated containerized CLIN. This excludes PCB, inorganic mercury greater/equal to 260 ppm, cylinders, aerosols, empty containers and batteries.

j. Government may pay under “Other Services” (Section C.3.5) for expenses related to bulk/consolidate similar wastes and then assign appropriate containerized Bulk CLINs.

k. Government will assign appropriate non-hazardous CLINs if the waste is not considered hazardous waste by the state where final TSDF is located.

C.3.8 Spill Responsibility (Contractor caused).

C.3.8.1 The contractor is solely responsible for all on-site and off-site spills and leaks that occur as a result of contractor performance and/or contractor negligence. The contractor shall immediately clean up all such spills and leaks to the satisfaction of the COR at no cost to the Government and in a manner which complies with all applicable federal, state and local laws and regulations.

C.3.8.2 The contractor shall immediately report all on-site spills or leaks, regardless of quantity, to the COR. If the COR is not available, then the report shall be made to the Technical Monitor or the COR’s representative. Off-site spills shall be reported no later than the following business day to the COR unless the spill requires more stringent reporting requirements, in accordance with State, local, federal regulations. A written follow-up report shall be submitted to the COR no later than 24 hours after occurrence and shall contain at a minimum:

a. description of items spilled including container bar code number, quantity, manifest number, etc.

b. whether amount spilled was reportable by EPA/State, and if so, whether it was reported

c. exact time and location of spill including a description of the spill site

d. description of clean-up procedures employed including amount and destination of spill

e. material/residues collected.

f. details of any communication contractor had with the press or public official other than COR

C.3.9 Safety.

C.3.9.1 Contractor shall comply with all applicable federal, state and local safety laws and regulations to include 29 CFR 1910. The contractor shall develop a safety plan for its personnel to encompass all aspects of on-site and off-site operations. The plan shall be submitted to the COR within five (5) days of contract award. The contractor shall, within five (5) days of contract award, provide proof of safety training for each employee working under resultant contract such as name of course and completion along with copies of certificates, diplomas, or other acceptable verification of course completion. The plan shall include schedules for all safety training, recertification, and regulatory updates as required by law, contractual, or contractor requirements. The plan shall also describe in detail the minimum trainer qualification requirements as specified in the applicable regulatory guidance. The plan shall outline any applicable mandatory training offered by or sponsored by the contractor. The plan shall be submitted to the COR whenever there are significant changes made after contract award.

C.3.9.2 The contractor shall comply with all applicable federal, state and local contingency and emergency response regulations and laws. The contractor shall develop a plan that addresses contingencies and emergency procedures. The plan shall address procedures that shall be implemented to minimize hazards to human health and the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituent to air, soil, or surface water. The contractor's plan shall specify containment materials and equipment that will be staged on-site and available with vehicles, on-scene coordinators and crews, and an explanation of how it will interface with Government plans and procedures. The plan shall be submitted to the COR within ten days of contract award.

C.3.9.3 Safety inspections shall be performed periodically by Government, State and local personnel. Such inspections will be "impromptu" and the contractor shall be liable for any contractor-caused violations of safety regulations.

C.3.10 Reports.

C.3.10.1 Other Services Report. Not included.

C.3.10.2 Certificate of Disposal/Destruction (COD). The contractor shall provide written certification of the ultimate disposition of each item that is removed from APG. The information provided shall delineate a clear audit trail. At a minimum, the certificate shall contain the following information.

a. Contract Number.

b. Task Order Number and, if applicable, Modification Number.

c. Contractor name, address, telephone number, fax number, and point of contact.

d. Contract Line item number (CLIN).

e. Inventory numbers shall be sub grouped under each relevant CLIN. Master lab pack numbers shall also be required for those items that are lab packed. The master lab pack numbers will be provided by the COR or designee.

f. Uniform hazardous waste manifest number and manifest document number.

g. Manifest line number of each item. The page number and line letter shall be used, rather than the block number (for example "11" or "28" and the line letter).

h. EPA identification number(s) of each transporter used for each specific manifest.

i. EPA identification numbers of each treatment-storage-disposal-facility (TSDF).

j. EPA handling code(s) at each facility.

k. Date(s) of arrival, storage, treatment, disposal and departure (if any) from each facility.

l. A copy of the manifest document originating from APG is not required to…