2017_FINAL_NCAUR_HW_PWS_2017-07-07.doc

Notes to Offerors

Standard PWS v.1, 30 Jun 17

1. This contract is referred to as the “National Center for Agricultural Utilization Research (NCAUR) Hazardous Waste Disposal Contract”. NCAUR is currently a Small Quantity Generator (SQG), however due to the nature of work performed and the types of waste generated, has the potential to become a Large Quantity Generator (LQG).

2. Work will consist of packaging, consolidating, marking, labeling, removal and disposal of government generated hazardous and non-hazardous wastes located at NCAUR, 1815 N. University Street, Peoria, Illinois.

3. Pricing for containerized waste will largely be based upon the assigned disposal profile, gallons, pounds or “each”.

4. The Contractor is cautioned that some requirements for information and plans are required before start of work on this contract, i.e., Section 1.1.1.

5. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as a performance-based contract and allows the Contracting Officer to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met.

6. The email address for submission of offers, is: Mark.Volk@ARS.USDA.GOV Table of Contents

0. PERFORMANCE WORK STATEMENT

0.1 ACRONYMS

1. REMOVAL

1.1 PRE-REMOVAL

1.1.1 PERMIT/SPECIAL REQUIREMENTS

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

1.1.3 NOTIFICATIONS

1.1.4 TRAILER SECURITY, PADLOCKS

1.1.5 HOURS OF OPERATION

1.1.6 PUBLIC AFFAIRS COORDINATION

1.1.8 ENVIRONMENTAL MANAGEMENT SYSTEM

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.2.3 STATEMENT ON CONTAINERS

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.5

TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITY

1.2.6 LOADING

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER ADJUSTMENTS

1.2.8 DEFINITIONS, CONTAINERIZED WASTE

1.2.8.1 CONTAINERIZED WASTE

1.2.9 CONSOLIDATION

1.2.10 OVERPACKING FOR COMPLIANCE

1.2.11 PACKAGING FOR CONVIENIENCE

1.2.12 CONTRACTOR PROVIDED CONTAINERS

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2. DISPOSAL/RECYCLING

2.1 RCRA/NON-RCRA ITEMS

2.1.1 TSCA/RCRA/NON-RCRA/STATE/NON-STATE REGULATED ITEMS

2.1.2 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING

2.1.3 DETAILED ANALYSIS

2.1.4 EMPTY CONTAINERS

2.2 DISPOSAL OF PCB, PCB-RELATED WASTE

2.3 COMPRESSED GAS CYLINDERS

2.3.1 EVALUATION/IDENTIFICATION OF CYLINDERS

2.3.2 ANALYSIS TO IDENTIFY CYLINDER CONTENTS

2.4 RECYCLING

2.4.1 RECYCLE/RECOVERY/RE-USE/RECLAIM

2.4.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

3. SPECIAL SERVICES

3.1 PERFORM ANALYSIS

3.2 PREPARE WASTE PROFILE SHEET

3.3 IDENTIFY UNKNOWN WASTE STREAMS & PREPARE WASTE

PROFILE SHEETS (TWO-STEP)

3.4 LAB PACKING SERVICES

3.5 MANAGEMENT SERVICES

4. ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVEL TABLE

5. QUALIFIED FACILITIES AND TRANSPORTER LIST

5.1 USE OF FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6. ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 REPORTING REQUIREMENTS

6.3 PACKING, MARKING AND LABELING

6.4 PLACES OF GOVERNMENT INSPECTION

6.5 CONTRACTOR REPRESENTATIVE

6.6 INCIDENTAL FEES

7. PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8. DOCUMENTATION REQUIREMENTS, NCAUR ACCEPTANCE, INVOICING AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT

8.1.1 ACCEPTANCE AND INVOICING

8.2 REMEDIES FOR NON-COMPLIANCE

0. PERFORMANCE WORK STATEMENT

a. The Government agrees that all items placed on a Task Order (TO) on this contract will be accompanied by documentation and markings that comply with all applicable local, state, and federal laws and regulations relating to the generation, storage and transportation of waste.

b. The Contractor agrees to provide all services necessary for the consolidation, marking, labeling, transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with (IAW) all local, state, and federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable Subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal as identified via the ordered Contract Line Item Number (CLIN).

c. This contract is for the United States Department of Agriculture, Agricultural Research Service, National Center for Agricultural Utilization Research (USDA/ARS/NCAUR). Standard removal timeframe is THIRTY (30) calendar days from the date of order issuance. The Contractor agrees the services will be completed during normal hours of operations for the facility, which are available, upon request, from the COR. Standard performance timeframe is THIRTY (30) days from the date of the order issuance, unless otherwise specified in Section 7.

d. The Contractor shall provide a list referencing all intended interim and final disposal/recycle facilities by EPA ID number (where applicable) for every Base CLIN listed in the Bid Schedule of this contract with the bid package; see Facility-CLIN Assignment Sheet. The purpose for this is to ensure that only EPA permitted facilities are being used for hazardous waste storage, treatment and disposal.

e. Publications and attachments applicable to this contract will be made available upon request. It should be noted that during the solicitation and life of this contract, the Government may make changes, additions, and/or deletions to those listed.

0.1 ACRONYMS

APL

Acceptable Performance Level

AQL

Acceptance Quality Level

BDAT

Best Demonstrated Available Technology

BOL

Bill of Lading

BTU

British Thermal Unit

CAR

Corrective Action Request

CD

Certificate of Disposal/Destruction/Recycle

CDR

Contract Discrepancy Report

CERCLA

Comprehensive Environmental Response, Compensation and Liability Act

CFR

U.S. Code of Federal Regulations

CGC

Compressed Gas Cylinder

CLIN

Contract Line Item Number

COR

Contracting Officer’s Representative

CSR

Customer Service Representative

DOT

U.S. Department of Transportation

EA

Each

EDD

Estimated Delivery Date

EFT

Electronic Funds Transfer

EMS

Environmental Management System

EMR

Environmental Management Representative

EPA

Environmental Protection Agency

EPAID

Environmental Protection Agency Identification Number

EPCRA

Emergency Planning Community Right to Know Act

ETA

Estimated Time of Arrival

FAR

Federal Acquisition Regulation

F&A Finance and Accounting

FOB

Freight on board

GFM

Government Furnished Material

GL

Gallons

GSA

General Service Administration

HAZMAT

Hazardous Material

HIN

Hazardous Item Number

HWPS

Hazardous Waste Profile Sheet

HW

Hazardous Waste

IAW

In accordance with

CO

Contracting Officer

LB

Pounds

LDR

Land Disposal Restrictions

LP

Lab Pack / Loose Pack

MHE

Material Handling Equipment

OMC

Office of Motor Carriers

OSHA

Occupational Safety & Health Act

PBC

Profile-Based CLIN

PCB

Polychlorinated Biphenyl pH Potential of Hydrogen

POC

Point of Contact

POV

Privately Owned Vehicle

POTW

Publicly Owned Treatment Works

PPE

Personal Protection Equipment ppm Parts Per Million

PPRM

Paint, Paint Related Material

PPRW

Paint, Paint Related Waste

PWS

Performance Work Statement

QA

Quality Assurance

QC

Quality Control

QAE

Quality Assurance Evaluator

QAP

Quality Assurance Plan

QAR

Quality Assurance Report

QCP

Quality Control Plan

RCRA

Resource Conservation Recovery Act

RE

Recycle / Recovery

SDS

Safety Data Sheet

SOP

Standard Operating Procedures

TCLP

Toxic Characteristic Leaching Procedure

TO

Task Order

TSDF

Treatment Storage Disposal Facility

USEPA

United States Environmental Protection Agency

UHC

Underlying Hazardous Constituents

UW

Universal Waste

WWTP

Waste Water Treatment Plant

1. REMOVAL

The requirements for removal of wastes under this contract are divided into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor and their Subcontractors must perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Subcontractors involved in marking, labeling, handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Material Handling Equipment and Personal Protective Equipment (PPE) shall be provided by the Contractor, unless otherwise stated, and must be appropriate to ensure safe handling of the hazardous waste. While operating on a USDA facility, the Contractor may be required to use forklifts. Contractor-operated forklifts must meet specifications listed in the applicable permit. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by Government personnel while on federal property.

1.1 PRE-REMOVAL

a. The Contractor is encouraged to perform a pre-removal inspection of all containers at least ten days prior to the day of the off-site shipment. Required marking and labeling activities shall be completed by the Contractor either during the pre-removal inspection or prior to pickup for transport. Discrepancies associated with the marking, and/or labeling of containers, shall be corrected by the Contractor prior to the material leaving the facility. (See 2.1.1.b)

1.1.1 PERMIT/SPECIAL REQUIREMENTS

a. Without additional expense to the Government, the Contractor shall be responsible for paying all fees, preparing or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s transportation, recycling, or disposal decision. This includes completing the Notification of Regulated Waste Activity form for the Generator(s) of hazardous waste to sign and file with the applicable state regulators for waste disposal. This includes signing (on behalf of the Government) waste profiles requested by Treatment, Storage, and Disposal Facilities (TSDF). All Contractor-signed waste profile sheets shall be written for the actual waste stream using the Generator’s profile for backup documentation. All Generator forms or other means of notifications including correspondence with federal or state agencies on behalf of the Generator must be coordinated with and concurred with by the Generator prior to submission to any federal or state agency. A copy of all forms and relevant documentation, including correspondence shall be provided to the COR.

b. The Contractor may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the Government or to provide information to perform work or gain access to the facility. Example: Environmental Management System (EMS) policies and/or facility security.

c. The Contractor and any Subcontractor(s) shall use only qualified and permitted facilities.

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this provision refer to the appropriate shipping papers. Prior to removal from the facility, completed copies of all manifests and LDR notifications shall be furnished to the Government representative coordinating the waste disposal. All documentation shall be clearly marked with the name of the Generator, contract, and TO number, as applicable. Emergency response information and 24-hour emergency phone numbers shall be listed on the manifest. If blocks for emergency information are not provided, this information shall be placed in the upper right-hand corner of each document.

The Contractor shall provide the COR or the Government representative with a copy of the completed form(s) for review at least five (5) business days prior to removal.

1.1.3 NOTIFICATIONS

a. Except as may otherwise be specified herein, the Contractor shall notify the COR or Government representative at least five (5) business days BEFORE attempting site visits, analyses, or pickups.

(1) In addition to the notification above for pickups, the Contractor shall provide the name of the driver, the driver’s Commercial Driver License (CDL) number and its expiration date, to the COR or other Government representative at least 24 hours prior to removal. The Contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the 24-hour notification requirement is not applicable for the remainder of the contract unless otherwise modified.

(2) If a driver, other than the one specified 24 hours in advance for the specific TO; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated Government representative will verify the personnel switch with the Contractor before the pickup commences. This may require a written notice or fax from the Contractor.

1.1.4 TRAILER SECURITY, PADLOCKS

a. All Contractor trailers capable of being padlocked must be padlocked upon arrival at the pickup location. Failure to meet this requirement could result in the Government’s halting of the pickup. All trailers capable of being padlocked must also be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the trailer without assistance from the COR or other Government representative.

b. The COR or other Government representative has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in additional specific sections in this contract and refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. Any potential demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups will not be grounds for reimbursement by the Government.

1.1.5 HOURS OF OPERATION

The Contractor agrees that, for those portions of the services provided on a Government facility, the services will be provided during normal hours of operations for the facility.

1.1.6 PUBLIC AFFAIRS COORDINATION

The Contractor shall refer all inquiries concerning this contract to the Contracting Officer (CO). Under no circumstances shall any statement be released to the news media directly by the Contractor or any agents of the Contractor.

1.1.8 ENVIRONMENTAL MANAGEMENT SYSTEM

NCAUR has implemented EMS in accordance with ISO 14001:2004(E) and USDA requirements. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The NCAUR EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the NCAUR mission. The NCAUR EMS program is explained in agency Environmental Management System (EMS) policies.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

a. The Contractor is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or Subcontractors to the satisfaction of the Government and at no cost to the Government.

b. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR/Government representative (if not already present) and the CO immediately upon discovery. The Contractor shall adhere to all facility spill reporting and clean-up requirements. A written follow-up report shall be submitted to the COR/Government representative not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

(1) Description of material spilled (including identity, quantity, manifest number, etc.).

(2) Whether quantity spilled is EPA/state reportable, and if so, whether it was reported.

(3) Exact time and location of spill, including a description of the area involved.

(4) Containment procedures initiated.

(5) Summary of any communications Contractor has with anyone other than the CO.

(6) Description of clean-up procedures employed, or to be employed at the site including disposal location of spill residue.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated according to the current EPA Hazardous Waste Compatibility Chart, and kept physically separate from any containers not associated with this contract until the initial TSDF is reached. The items must be so marked, that they are readily linked to this contract throughout this period.

1.2.3 STATEMENT ON CONTAINERS

The Generator is responsible for ensuring their containers are DOT shippable, i.e., IAW current DOT regulations and standard TSDF acceptance prior to shipment. The Contractor is responsible for all repackaging costs associated with special container acceptance criteria at the TSDF.

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

The Government shall not furnish any equipment or personnel to assist in the performance of this contract. Any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers. The only exception is the use of Government-owned scales (Section 1.2.7), and where applicable, management services.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

a. Treatment of hazardous waste (including solidification) on Government facilities is not permitted. Treatment is defined as any process that meets the definition of treatment as identified in 40 CFR 260.10 and/or the facility Permit.

b. The Contractor shall not drain and/or flush PCB items at Government facilities. Draining will be allowed only to prevent leaking and to meet DOT regulations.

c. Treatment, disposal, or release of gases, other than inert gases, to the atmosphere on Government premises is not permitted by this contract. The Contractor may perform gas extraction for other than inert gas cylinders at the pickup location using a self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

1.2.6 LOADING

a. The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The Government will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor.

1.2.7 WEIGHING OF ITEMS

The Contractor shall weigh all property (if applicable) before removal. When available, operable, and authorized by the Government, Government scales will be used. The Contractor shall be responsible for determining the availability of Government scales. All scales used for purposes of this contract shall be calibrated IAW applicable regulations. The Contractor shall ensure that non-Government scales are operable and accurate through certification or demonstration. The Contractor may be required to provide portable scales if weighing is required.

1.2.7.1 TASK ORDER ADJUSTMENTS

All task order weights are estimated amounts. The Contractor can expect that the task order weights will be required to be adjusted upward or downward as removals take place and the actual pounds being removed are measured. Therefore, the Government has the unilateral right to increase the task order weight in those instances where the Government has underestimated the amount of weight that is required to be removed so the Contractor can continue performance. The Government has the unilateral right to decrease the task order weight in those instances where the Government has overestimated the amount of weight that is required to be removed. In instances of decreasing weight, these decreases are not subject to FAR 52.212-4, termination for convenience coverage. In addition, it is agreed that it is acceptable for the Government to issue task order modification (i.e. quantity changes, noun descriptions, HIN changes, adding/deleting lines, extending task order end dates, etc.) unilaterally. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral task order modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the Contracting Officer. These modifications are only against task orders. No changes are made to the terms and conditions of the contract.

1.2.8 DEFINITIONS, CONTAINERIZED WASTE

1.2.8.1 CONTAINERIZED WASTE

a. Generators are responsible for ensuring their containerized wastes turned in for disposal via this contract are in proper Department of Transportation (DOT) shippable packaging.

b. The term containerized waste refers to waste that is typically transported by a box truck or semi-truck and trailer or van, including waste contained in drums or pails.

c. Containers shall be counted, weighed, and documented against the TO by the Contractor prior to removal. Although most CLINs are priced by the container size (gallons), weights must still be documented for other purposes such as manifesting and Generator reporting. The Contractor shall provide portable scales, which may be mounted to the truck or trailer, for weighing of items, and must first demonstrate reasonable weight accuracy to the Government representative. The use of commercial scales is not authorized for containerized items. Only materials being removed by the Contractor will be weighed.

d. Drums larger than 55 gallons (e.g., 95-gal) are to be used only for overpacking smaller drums when the smaller drum(s) are leaking or have the potential to leak. Generators shall be required to pay the Contractor based on the size of the overpack drum and not on the size of the inner, overpacked drum(s).

1.2.9 CONSOLIDATION

a. Consolidation is defined as any method that involves pouring, siphoning, pumping, draining, or packaging like wastes (liquids, multiphase, or solids) from one container to another. The Contractor will consolidate solvent and aqueous wastes and used oil at this facility (approximately every four (4) weeks, approximate time two to three (2-3) hours).

c. The Contractor must have a spill contingency plan for consolidation activities and perform operations in a safe manner. The Government retains the right to stop operations if environmental or safety concerns arise.

1.2.10 OVERPACKING FOR COMPLIANCE - CLIN 6310 & 6311

a. When over-packing of containers is required prior to shipment, the Contractor shall use appropriate equipment to place the container into an over-pack container. The inner container shall be kept in an upright position. Over-pack containers used for liquids shall be marked with directional arrows indicating the upright position of the inner container.

b. The Unit of issue for CLIN 6310 shall be “EA”, which includes all personnel, tools, equipment, labeling, absorbent material, and over-packaging container of one 56-95 gallons’ container.

c. The Unit of issue for CLIN 6311 shall be “EA”, which includes all personnel, tools, equipment, labeling, absorbent material, and over-packaging container up to 55 gallons’ container.

1.2.11 PACKAGING FOR CONVENIENCE - CLINs 6311AA and 6311BB

a. The Government may order the packaging/repackaging of containers at their option to ensure the waste is packaged according to DOT regulations and TSDF acceptance.

b. The unit of issue for CLIN 6311AA shall be “EA”, which includes all personnel, tools, equipment, labeling and packaging/repackaging supplies for up to one 5-gallon container.

c. The unit of issue for CLIN 6311BB shall be “EA”, which includes all personnel, tools, equipment, labeling and packaging/repackaging supplies for up to one container greater than 5-gallons, but less than or equal to 55-gallons.

d. The outer container is not included when CLINs 6311AA, 6311BB, 6311CC and 6311DD are ordered. The Generator shall provide the container for the above service.

e. Lab packing of small laboratory chemicals should not be ordered under this section. See section 3.4 for Lab Packing.

1.2.12 CONTRACTOR PROVIDED CONTAINERS - CLINS 6312A1 – 6312C1

When the Government requires containers, a separate TO for containers only will be ordered using estimated quantities for each type of container anticipated. The TO may remain open for a period of time not to exceed 90 days and may be modified or closed when quantity estimates are reached.

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

a. Federal manifest requirements specify TSDF signed manifests shall be returned to the Generator within 35 days of pickup by the initial transporter. If the waste has not been received by the TSDF within 30 days after the initial pickup date, the Contractor shall notify the COR/Government representative of the physical location of the waste. If applicable, the Contractor shall also provide the manifest with additional transporter signatures.

b. If the Contractor is unable to deliver the items to the designated or alternate facility on the shipping papers IAW 40 CFR Part 263.21(a), the COR and Government representative will be contacted for disposition instructions per 40 CFR Part 263.21(b). The Contractor shall make all reasonable attempts to deliver the HW to an alternate qualified and approved facility instead of returning the HW to the Generator. In case of rejected shipments, or where the shipment cannot be delivered, the Contractor shall provide the Government representative with a written narrative of the incident. The narrative shall include explicit details of all efforts implemented for disposal of the HW. The Generator can use this information when preparing the exception report or other documentation to substantiate the returned or undeliverable waste report. If the manifest is not returned within 40 days, the Contractor shall prepare the Exception Report and provide a copy to the COR and Government representative within 45 days after pickup. Failure of any part of this section will be documented in the Acceptable Performance Levels (APLs) and appropriate action taken as determined by the COR.

c. The Contractor shall ensure there is a clear audit trail for all items until final treatment/disposal/recycling is accomplished.

d. The following does not constitute final treatment or disposal:

(1) Declaring hazardous wastes as RCRA-exempt as a result of management practices specified in 40 CFR 266 and 279;

(2) Interim treatment of the waste such that the waste still meets the definition of a hazardous waste as defined in 40 CFR 261. All facilities used for interim treatment, final treatment, or final disposal of items on this contract must comply with 40 CFR 261, Subparts C and D, for each waste the facility is permitted to handle. An audit trail must be provided for all waste until treatment and/or processing renders the wastes non-RCRA or until final disposal is accomplished. Management method codes and/or waste handling codes referencing only storage or transfer do not meet the definition of final treatment or disposal under this contract.

2. DISPOSAL/RECYCLING

This section covers requirements for disposal of RCRA/Non-RCRA items, disposal of specialized commodities, e.g., Compressed Gas Cylinders (CGCs), Polychlorinated Biphenyls (PCBs), and various items requiring recycling.

Regardless of the ordered disposal CLIN and its associated description, the Contractor shall comply with all State and Federal regulations. All Base CLIN categories may include State-Regulated waste where applicable. It is the responsibility of the Contractor to notify the Government if an ordered CLIN prescribes a disposal or recycling technology that is in conflict with such regulations.

2.1 RCRA/NON-RCRA ITEMS

2.1.1 TSCA/RCRA/NON-RCRA/STATE/NON-STATE REGULATED ITEMS

a. The Category and Base CLIN selection for each waste stream is determined by applying the following CLIN Selection Criteria:

(1) PCB-Related, Containing or Contaminated by a Source >50 ppm

(2) Reactive (D003)

(3) Ignitable/Oxidizer (D001) – Including flammable/combustible waste, Subpart CC waste, but not chromic acid carrying a D001 (Oxidizer), in which a corrosive CLIN is applied.

(4) Corrosive (D002)

(5) Toxic (D004-D043)

(6) Acutely Hazardous (P-Listed)

(7) Leachate (F039)

(9) Spent Solvent (F001-F005)

(10) Other F-Listed

(11) U-Listed

(12) K-Listed

(13) State-Regulated Waste, Non-RCRA (if applicable)

(14) Non-RCRA, Non-State Regulated Waste

NOTE: Laboratories performing testing related to this contract shall use the current EPA SW-846 protocol whenever applicable. Only when EPA protocol is not available may other analytical methodologies be employed.

c. Recycle/Recovery Base CLINs beginning with “RE” are designated for mandatory recycling/recovery by the Government. If the Contractor asserts that a waste designated for recycling cannot be recycled because it does not meet the required recycling parameters:

(1) The Contractor must notify the COR/Government representative in writing at least seven (7) business days before pickup, of the rationale and proof for waste rejection. This must include written input from at least two recycling facilities.

NOTE: Unless prohibited by State regulations, fuels blending does meet the recycling/recovery requirements for certain wastes, including solvents, paints, antifreeze, and used oil.

(2) The COR will notify the Government representative to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to the applicable disposal CLIN is solely that of the Government. If the Government agrees with the CLIN change, the applicable disposal CLIN will be assigned.

2.1.2 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING

a. Generators may require Certificates of Disposal/Destruction (CD) or Recycling for all items at their discretion. The Government recognizes there are additional costs to the Contractor associated with obtaining these certificates from the final/ultimate disposal, destruction, or recycling facility. Unless otherwise stated in this contract, such certificates will only be required as specified in the Bid Schedule/Performance Work Statement (PWS) or if CLIN 6503 is ordered. CLIN 6503 will not be ordered in conjunction with a CLIN that is already identified as requiring a CD or Certificate of Recycling. Example: CLIN 6503 will not be ordered to provide the CD for a CLIN that is greater than 50 ppm PCB because contract Section 2.2 already requires the Contractor to provide CDs for all PCB-related waste containing, or contaminated by, a source that is equal to or greater than 50 ppm PCBs.

b. CLIN 6503 will be ordered one each for every CD or Certificate of Recycling desired per TO line item.

c. CDs and Certificates of Recycling shall be provided to the Government representative and the COR within 30 calendar days after destruction, disposal or recycling occurs.

2.1.3 DETAILED ANALYSIS

If the Contractor must perform laboratory analysis for waste characterization/profiling or disposal, copies of the laboratory report shall be provided to the COR and Government representative. The Contractor shall be responsible for the proper disposal of all samples. Laboratory reports shall include a summary of the laboratory results, a QA/QC summary, and a completed Chain of Custody Form. Laboratories performing testing related to this contract shall use the current EPA protocol SW-846 whenever applicable.

2.1.4 EMPTY CONTAINERS

If the Generator chooses to recycle or dispose of empty containers, i.e., drums, the containers must be RCRA empty, per 40 CFR 261.7 prior to turn-in. The Contractor shall verify the containers are RCRA empty, per 40 CFR 261.7, prior to removal. The Contractor shall, in the case of intact containers, remove or obliterate all markings or labels which identify the Generator or source of the container, prior to sale or turn-in to a drum reconditioner. The Contractor shall be exempt from the requirement to remove or obliterate markings and labels only if the containers are crushed and being sent to a landfill or scrap metal/plastic operation.

2.2 DISPOSAL OF PCB & PCB-RELATED WASTE

a. PCB-related waste under this contract shall be transported and disposed of within the Continental United States. For purposes of this contract, all PCB-related wastes will be managed of IAW the paragraphs below.

b. The Contractor shall dispose of all items in a manner which is in conformity with 40 CFR 761.60 and its referenced parts, except for those methods in said regulation which would result in use, reuse, or recycling of the items.

c. CDs or Certificates of Recycling for all PCB-related waste containing, or contaminated by, a source that is equal to or greater than 50 ppm PCBs, shall be provided to the Government representative and COR within 30 days from the date of destruction/recycling.

2.3 COMPRESSED GAS CYLINDERS & CARTRIDGES

a. Base CLINs are assigned to compressed gas cylinders (CGCs) and cartridges according to the Compressed Gas Cylinder Reference Guide contained in this contract.

b. The Contractor shall provide all services necessary for the assessment of all gas cylinders and cartridges, the discharge of inert gases (for cylinders only), the final treatment/disposal or recycling of the non-inert gases, and the decommissioning, cleansing, and recycling of the cylinder or the scrap metal derived from the emptied cylinders.

c. The Contractor shall not remove any gas cylinders or cartridges whose contents cannot be identified/confirmed or when no known disposal method is available. Sampling of contents for identification purposes only is authorized. The Contractor is required to provide the COR or Government representative a written explanation for refusal of any cylinders for processing. Refused cylinders must be identified by serial number or other identifiable markings, or by an identification number assigned by the Contractor or COR. This number must be identified in the written explanation for refusal.

e. The Contractor is solely responsible for all atmospheric releases of gases occurring during or resulting from performance of this contract. The Contractor agrees to reimburse the Government of all costs incurred for accidents resulting from improper handling, gas extraction, grinding, drilling, torching, etc., of any cylinders.

f. Inert gases, which are not regulated by federal, state, or local regulations as wastes or pollutants, may be discharged to the atmosphere at the Government facility or may be transported to a TSDF for discharging. All proper safety precautions must be observed. Cylinders containing inert gas that have inoperable valves may be vented with the use of a safety relief device.

g. If the cylinders are sent to a scrap metal recycler, the Contractor shall perform the following prior to smelting: de-valve the cylinder and mark/stamp the cylinder “CONDEMNED-SCRAP,” and fully render the cylinder unusable per one or more of the following methods: drilling or puncturing a hole through the cylinder of at least ½ inch in diameter; sufficiently destroying the inlet threads to prevent installing a valve with a gas-tight seal; or, the Contractor may cut the cylinder approximately in half. Cylinders too small for marking/stamping are required to be tagged or labeled with the words “CONDEMNED – SCRAP.”

h. If the Contractor decommissions/disposes of cylinders that previously contained non-inert gases, the Contractor shall remove or obliterate all USDA/ARS/NCAUR identification markings on every cylinder prior to release. For example, grinding or cutting out (with a cutting torch) may meet this requirement.

i. When applicable, prior to disposing of cylinders in an approved landfill, the Contractor shall de-valve the cylinder, and mark/stamp the cylinder “EMPTY.” Note: This is the only method acceptable for disposal of asbestos-containing acetylene cylinders (Base CLIN CY09), which are NOT reusable. All acetylene cylinders will be considered to be asbestos-containing for the purpose of this contract unless otherwise substantiated by the Contractor.

2.3.1 EVALUATION/IDENTIFICATION OF CYLINDERS - CLIN 6601

Some cylinders may contain unknown contents, have inoperable valves, or may be plugged or may not be DOT transportable due to their condition. When CLIN 6601 is ordered, the Contractor is required to perform an evaluation of one cylinder on site and provide the results of the evaluation. This evaluation includes, but is not limited to, a visual inspection of markings, labels, cylinder type, etc., as well as condition of the valves (operable/inoperable). This report will indicate, among other things, whether sampling and analysis (CLIN 6608) will be required to identify the contents and whether the contents need to be recontainerized (CLIN 6609AA). The Contractor shall have 15 calendar days from issuance of a TO citing CLIN 6601 to complete the evaluation and submit the report to the COR.

2.3.2 ANALYSIS TO IDENTIFY CYLINDER CONTENTS - CLIN 6608

When CLIN 6608 is ordered, the Contractor shall be required to perform appropriate analysis to properly identify gases and complete a Waste Profile Sheet. For each CLIN 6608 ordered, the Contractor shall be required to sample and analyze the contents of one cylinder. After issuance of a TO, the Contractor shall be required to draw all samples, complete all tests, and provide typed waste profile sheets to the COR within 30 calendar days. The Contractor shall perform sampling in such a manner that no gas is emitted to the atmosphere. The Contractor shall be responsible for the proper disposal of all samples taken IAW all applicable local, state, and federal laws and regulations. Cylinders may have either a valve or plug.

2.4 RECYCLING

2.4.1 RECYCLE/RECOVERY/RE-USE/RECLAIM

a. Waste that is assigned a Recycle/Recovery Base CLIN beginning with “RE” is required by the Government to be recycled or recovered. Other items, such as certain batteries, are also required to be recycled when so stated in the CLIN description. Certificates of Recycling are only required if specified in the Bid Schedule/PWS or if CLIN 6503 is ordered.

b. The Contractor may elect to beneficially reuse, recycle, or reclaim waste in this contract that references this section, unless specifically listed otherwise in the contract. The following applies for all waste removed under this contract that is beneficially reused, recycled, or reclaimed:

(1) An audit trail must be provided to and from the facility that will beneficially reuse, recycle, or reclaim the waste, or any component thereof, even if the waste can be managed as a hazardous material. The audit document shall contain the name of the UW handler, the location of the facility, and a record of the shipment in the form of log, invoice, bill of lading, or other shipping document. Additionally, it shall disclose the quantity of each type of UW shipped, and the date of receipt of the shipment of UW to the facility.

(2) Dilution in the recycling process of hazardous waste contaminants is prohibited.

2.4.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

a. Fuels Blendable Materials – Fuels blending waste will contain a minimum of 3,000 BTUs per pound of waste. For lab pack and loose pack containers having multiple small containers packed within, the BTU value is based on the overall contents, and not each individual small container. Since BTU values are not always known, the waste profile information may be used to determine eligibility for fuels blending. Latex paint which has not been diluted with water will be considered fuels blendable. Oil-based paint and its paint-related wastes, as well as other organic-based, flammable, combustible, and ignitable wastes, are also considered fuels blendable. In general, for purposes of this contract, paint and paint-related wastes (PPRW) and materials (PPRM) will be defined as any mixture of pigment and a suitable carrier liquid that forms a closely adherent coating when spread on a surface, as well as their respective thinners and dried solids. This may include, but is not be limited to paints and paint thinners, stains, varnishes, shellacs and coatings. It does not include such painting-related discarded items as paintbrushes, paint rollers and pans, tape, PPE, etc.

When waste is shipped to a fuels blending facility, the returned manifest copy must reflect the appropriate Management Method Code, i.e., H061. A manifest copy from an interim facility which reflects only a storage/transfer code is insufficient for the Government to track and document its energy recovery requirements. If an interim facility is used, for each shipment the Contractor shall be required to provide to the Government a certified “paper trail” to an approved fuels blending facility.

b. Batteries – Battery Recycling/Disposal CLINs beginning with “BA” are only to be recycled if recycling is the only option according to the CLIN description. Some Base CLINs, such as BA01 (alkaline batteries), give the Contractor the option to recycle or dispose, provided the Government has not explicitly required recycling of these batteries. Recycling of batteries shall meet all the requirements of 40 CFR and/or state regulations. Batteries shall not be exported outside the US or Canada without prior approval from the COR. In lieu of recycling where required, the Contractor will ensure Best Demonstrated Available Technology (BDAT) will be utilized for the processing of batteries.

c. Oil Filters –The Contractor shall recycle at least 90% (by weight) of the filter. The Contractor is required to recycle all of the drained oil.

3. SPECIAL SERVICES

This section covers requirements for various special services related to managing the disposal/recycling of RCRA/Non-RCRA items, CGCs, PCBs, and other related services. The services in this subsection do not normally include actual disposal of wastes, which will be ordered under appropriate disposal CLINs.

3.1 PERFORM ANALYSIS – CLINS 6400 SERIES

a. Analysis is required for purposes of waste identification. The testing is in this contract to service the Generator on this contract. It is not intended to supplant the Contractor obligations designated elsewhere in this contract.

b. The Government will order this service using any of the CLINs listed (unit of issue is EA) on a TO. One each (EA) equals one waste stream to be analyzed by the Contractor. The Contractor shall perform the following:

(1) Samples shall be taken and testing performed IAW 40 CFR Part 261, Appendices I, II and III.

(2) It is the responsibility of the Contractor to transport samples from the pickup point to the analytical laboratory. The Contractor must complete a Chain of Custody form for each sample taken with completed forms to be provided to the COR and Government representative along with the analytical data.

(3) The Contractor shall provide a statement from the testing laboratory that the entire sample was used in the analysis and provide a copy to the COR and Government representative IAW Section 8. If there is additional sample left over after analysis, the Contractor is responsible for its disposal.

c. The Contractor will perform the analysis and provide a complete analytical report to the COR/Government representative within 21 days of issuance of a Task Order.

d. In all cases where the Government is paying for laboratory analyses, a complete and comprehensive analytical report shall be provided to the Government. The report shall include a completed Chain of Custody Form and detailed analytical results, including QA/QC results as required by the current SW-846 protocol where SW-846 protocol was employed by the laboratory. If for any reason the laboratory report is not provided to the Government, or if the report is deemed not scientifically defensible by the Government, a reanalysis of the waste will be required at no additional cost to the Government.

3.2 PREPARE WASTE PROFILE SHEET - CLIN 6400AA

a. When CLIN 6400AA is ordered, the Contractor is required to prepare a typed Hazardous Waste Profile that captures information required to facilitate appropriate disposal. One each will be ordered per waste stream to be profiled. A sample Hazardous Waste Profile may be found in the Attachments. Using analytical data/Generator information provided by the Government, the Contractor must complete the form IAW its attached instructions. Subject to COR or Government representative approval, the Contractor may use an alternate profile form as long as the alternate form contains the information necessary to properly identify and profile the waste.

b. The purpose of this service is to enable the Generator to turn in items for disposal. It is not intended to supplant Contractor obligations identified in other sections of this contract.

3.3 IDENTIFY UNKNOWN WASTESTREAMS & PREPARE WASTE PROFILE SHEETS - CLIN 6400TS (Two-Step)

a. Step 1. - When the Government has a requirement for identifying a waste of unknown composition for the purpose of completing a Hazardous Waste Profile Sheet (Disposition Services Form 2511), a TO will be issued for an unknown analysis using CLIN 6400TS. The Contractor will perform the analysis and provide a complete analytical report within 21 days of receiving a Task Order. The Government will provide all known information concerning the unknown material prior to sample collection. When CLIN 6400TS is ordered, the analysis shall include:

(1) Ignitability, if free liquids are present, or solids if applicable (D001),

(2) pH, if free liquids are present, (D002),

(3) Reactivity assessment, if the potential for a reactive characteristic exists, (D003), and if such a test method is available,

(4) Total RCRA and UHC Metals, as reportable by updates of standard USEPA SW-846 Methods.

(5) Total RCRA Herbicides and Pesticides as reportable by updates of standard USEPA SW-846 Methods ONLY when applicable or if they potentially exist based upon Generator knowledge, and

(6) Total RCRA and UHC Volatile and Semi-Volatile Organic compounds, as reportable by updates of standard USEPA SW-846 Methods. If other constituents not reportable via these methods are suspected to be present by the Generator, other analyses may be requested on a case-by-case basis.

UHC refers to Underlying Hazardous Constituents, per 40 CFR 268.48. For purposes of this contract, UHC refers only to those constituents which are typically reportable via laboratory analyses utilizing updates of standard USEPA SW-846 Methods. The Contractor shall collect a sample of sufficient quantity to perform all Step 1 tests and any additional testing necessary to identify the material to complete the Hazardous Waste Profile Sheet. Samples will be collected following current EPA and state protocols covering sample collection, sample storage and Chain of Custody procedures. Samples will be collected in Contractor laboratory-supplied sample containers.

Note: If the Government suspects contamination not covered by the tests listed above, e.g., PCB, asbestos, oxidizer, etc., the Government will order the applicable CLIN separately.

b. Step 2. - The Government may order additional analytical testing if qualitative analysis indicates the presence of metals, herbicides, pesticides and/or other organic compounds at or above regulatory levels. When quantitative analysis performed in Step 1 indicates the presence of metals, herbicides, pesticides, and or other organic compounds, the Government may order additional toxicity characteristic testing that may include TCLP Metals (D004-D011) and UHCs as defined in 3.3(a) above, TCLP Pesticides and Herbicides (D012-D017, D020, D031) and/or other TCLP Organics (D018-D019, D021-D030, and D032-D043) to identify the contaminants in sufficient detail to complete the Hazardous Waste Profile Sheet. Herbicides and Pesticides need only be tested for when specifically ordered by the Generator when/if these compounds are suspected to be present. When additional tests are needed, they will be ordered under the appropriate CLIN(s).

When Step 2 testing is ordered, the Government will notify the Contractor within ten (15) calendar days from the date the COR/Government representative received the analysis from Step 1. The TO containing CLIN 6400TS will be modified to add the additional testing requirement(s). The Contractor will complete Step 2 analysis within 21 days of receiving a written modification to the original TO. Step 2 analysis may be performed on excess samples collected during Step 1, and/or samples remaining at the certified laboratory at the completion of Step 1, provided such samples have not exceeded their test-specific holding times, per current EPA SW-846.

c. The following applies for all work performed in conjunction with the above CLINs:

(1) The Contractor shall provide all services, property, supplies, furnishings, and equipment necessary to conduct the required test(s) of Government selected items.

(2) Analysis ordered under CLIN 6400TS shall be performed as specified in section 3.3, with the exception of the timeframe specified in 3.1.c.

d. The Contractor has 21 calendar days from the issuance of a TO to complete all testing, analysis, and documentation as stated for Step 1. The Contractor has 15 calendar days to complete all testing, analysis, and documentation as stated above for Step 2 after receipt of a TO.

3.4 LAB PACKING SERVICES - CLINs 6320-6323, 6321AA, 6322AA, 6323AA

a. When CLIN 6320-6323 is ordered, the Contractor shall provide all labor, equipment, supplies (including lab pack containers), and tools necessary to lab pack waste. Lab packing service is on this contract to provide a packaging service to the Generator in order to facilitate the turn in of items for disposal.

b. “Lab…