Attach 2_Tucson PWS v083121 final.docx

0.0 PERFORMANCE WORK STATEMENT (PWS) (v07/13/2021)

1.0 REMOVAL PHASES

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

1.1.6 HOURS OF OPERATION

1.1.7 CONTRACT RELATED DATA DISCLOSURE

1.1.8 DBIDS INSTALLATION ACCESS

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

1.1.10 CONTRACTOR PERSONNEL

2.0 DISPOSAL/RECYCLING

2.3 PCB-RELATED WASTES

2.4 AFFF AND OTHER PFAS-RELATED WASTES

2.5 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS & CANISTERS

2.5.5 RESERVED

2.7 DEMILITARIZATION

3.0 MANAGEMENT SERVICES

TANK WITHIN INSTALLATION

3.13 RESERVED

3.14 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF

3.22 SURCHARGE FOR EXPEDITED COMMENCEMENT OF ICS WORK, CREW OF 2-3

3.32 RESERVED

3.33 RESERVED

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTERS LISTS (QFL/QTL)

5.1 ADDING/UPDATING QUALIFIED FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PACKAGING, MARKING, LABELING AND PLACARDING

6.3 PLACES OF GOVERNMENT INSPECTION

6.4 CONTRACTOR REPRESENTATIVE

6.5 INCIDENTAL FEES

7.0 STANDARD TIMES FOR REMOVALS AND PERFORMANCE OF SERVICES

7.1 EXPEDITED REMOVALS AND PERFORMANCE OF SERVICES

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVEICES

ACCEPTANCE, INVOICING AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2 ACCEPTANCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES

11.0 PERIOD OF PERFORMANCE

0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the Tucson/Luke AFB/Yuma Proving Grounds HW Disposal Contract. Work will consist of the removal, transportation and disposal of RCRA hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gases, and Polychlorinated Biphenyls (PCBs) located on or around military installations or within a 50 mile radius of any pick up point listed on this contract in the state of Arizona. The Contractor is advised that some requirements for information are required before start of work on this contract, i.e., Sections 1.1.2, 1.1.8 and 3.29.

b. This contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period.

c. Pricing for containerized wastes will most commonly be based on container sizes. Pricing for bulk wastes will most commonly be based on gallons, pounds, or cubic yards, as applicable.

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

e. 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.

i. Publications and attachments applicable to this contract will be made available upon request. During the solicitation and life of this contract, the Government may make requirement changes, additions, and/or deletions to those initially identified.

j. Industrial Cleaning Services (ICS) CLINs, when offered under this contract, require Contractor provision of all labor and equipment necessary to perform these services as specified under Section 3.0, Management Services.

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

l. Minimum TO charges under this contract will be $2,000.00, except where exceptions are otherwise specified in the contract, including but not limited to most management services, expedited removals and performance.

m. Required time frames for Contractor performance of services including waste removal are expressed in business days. For timekeeping purposes in the performance of services, the day in which the Task Order (TO) is issued to the Contractor will constitute “Day 0” (zero), and the following business day will constitute “Day 1”. All business days thereafter, whether in whole or in part, will constitute one (1) day for timekeeping purposes. A business day will be defined as any day in which normal business is conducted. It does not include weekends, federal holidays, or other days in which the Contractor is denied installation access due to force protection or other conditions.

n. Time frames pertaining to equipment rental periods are expressed in calendar days. For timekeeping purposes related to equipment rental, the day of equipment placement, regardless of time, will constitute “Day 0” (zero), and the following calendar day will constitute “Day 1”. All subsequent calendar days thereafter, whether in whole or in part, will constitute one (1) day toward the ordered rental period. For purposes of this contract, a calendar day will be defined as every day of the calendar year.

1.0 REMOVAL PHASES

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 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. The Contractor shall provide all MHE and PPE, unless otherwise stated. The MHE and PPE must be appropriate to safely handle the hazardous waste to include meeting any additional military installation specific requirements. 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

1.1.1 CLIN SELECTION CRITERIA

CLINs are assigned to waste streams by the Government, and are designed around EPA RCRA regulations, treatment and disposal technology standards. Department of Transportation (DOT) regulations, including Proper Shipping Name (PSN) and Hazard Class are not a basis for CLIN selection. The waste description, generation process, physical state, and EPA Waste Code(s) are the primary considerations for CLIN selection. CLIN selection begins with the identification of a Base CLIN category and sequence number. It is selected, if available, from the Price Schedule, and is completed with the assignment of a CLIN Suffix.

A Base CLIN is generally authorized for use by the Government when the subject waste meets the waste description, physical state, and permissible EPA Waste Codes, as specified for that CLIN in the contract. Base CLINs will be selected using the following Waste Codes and other descriptions as the order of precedence:

Containerized Wastes

(DM/DF)

Up to 15 Gal

(DM/DF)

Up to 30 Gal

(DM/DF)

Up to 55 Gal

(DM/DF)

(DM/DF)

Pumpable Liquid Wastes Removed in Totes / IBCs

(850 Liters) Up to 275 GL (1,050 Liters) Up to 330 GL (1,250 Liters)

Bulk Solid & Liquid Wastes

Priced per Lb, Based on Bulk Loads that are…

Not to be used for lightweight solids weighing less than 600 Lbs/yd3.

Removed via Vac Truck or Tanker Bulk Solids Lightweight (<600 Lbs/Yd3) Removed via Rolloff Box Bulk Pumpable Liquids Removed via Vac Truck or Tanker Bulk Heavy Solids (>600 Lbs/Yd3) (>350 Kg/M3)

(GL)

Cubic Yards

(CD)

Liters (L) Kilograms

(KG)

ROB Capacity 5,000 Liters (1,320 U.S. Gal)

5,000 KG

(11K U.S. Lbs)

Compressed Gas Cylinders

Hybrid Bid Schedules Only

Container Size:

Type:

Unit of Issue:

CLIN Suffix ME (Misc. Each) also has other applications, e.g., on-site vacuumed/pumped 55-gal drums.

FUELS BLENDING: Unless expressly prohibited by State or Federal regulations, fuels blending will meet the recycling/recovery requirements for wastes with a minimum energy value of 2,500 BTUs/Lb, including wastes containing solvents, paints, antifreeze, and used oil.

1.1.1.1 CLIN DISPUTES

a. CLIN discrepancies noted on a TO during a pre-removal inspection and/or during removal by the Contractor will be addressed immediately via the COR and the Generator. If the COR and the Generator concur with the CLIN change request, a TO Modification will be issued.

b. The Government may unilaterally issue TO modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting TO lines, extending TO end dates, etc. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral TO modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the KO. These modifications are only against TOs. No changes are made to the terms and conditions of the contract.

c. If the Contractor asserts after removal that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and COR within 10 business days from the Treatment, Storage and Disposal Facility (TSDF) receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination.

d. The Contractor must ensure that the waste in question is not treated or disposed of until the Government has made a final CLIN determination. If the subject waste has been treated and/or disposed of prior to the Government’s final determination, the Contractor will be deemed to have waived its objection to the CLIN assignment.

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

c. The content of this Summary Manifest Report will be in accordance with the regulations of the state requiring the report.

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

Example: UW aerosol cans that would otherwise carry corrosive (D002) or reactive (D003) EPA Waste Codes, will be ordered under CLINs CS15C7 and RX01C7, respectively, and NOT under CLIN FL01C7, even when managed and turned in as UW with no EPA waste codes under state and/or federal regulations. This is because corrosive and reactive wastes cannot typically be processed using fuels blending technologies for energy recovery as hazardous waste derived fuels. Generators are urged to segregate their aerosol cans accordingly. Other scenarios may apply.

1.1.4 NOTIFICATIONS

Note: Not all of these Expedited Service CLINs may be offered under this contract. Refer to the Price Schedule.

See Section 1.2.11 for additional information on expedited service CLINs.

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

a. The Government will notify the Contractor in advance before the day of the removal when a conveyance vehicle or trailer must be locked and/or sealed due to Government policy or preference. The Contractor will provide the lock and, if needed, the Government will provide the seal. The Contractor will in all cases comply with state and federal laws, including Department of Transportation (DOT) regulations as they pertain to conveyance vehicle and trailer security.

b. The Government has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this contract. The Government further has the right to refuse installation access and to stop Contractor/Subcontractor work of any kind, at any time, for any reason if/when the Government believes that a security risk may exist. Any demurrage resulting from the driver verification process will not be grounds for Government reimbursement to the Contractor.

1.1.6 HOURS OF OPERATION

a. The service to be performed under this contract shall be performed during normal Government working days, as applicable for the site(s) on the TO, with specific office hours available from the COR on the TO, except for Federal holidays. Work that cannot be completed by close-of-business for the TO site(s) shall be discontinued and resumed the next business day, unless approved by the KO. Services will not be scheduled to be performed on a regular Federal holiday (see below), or one designated by Presidential proclamation.

*The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

· 161th Air Refueling Group, Phoenix, AZ

· 107th TCS/111 ATC, Phoenix, AZ

· USP & FO for Arizona, AZ

· ASMA 96, Phoenix, AZ

· 162nd FW ANG, Tucson, AZ

d. Site visits will not be scheduled at the following facilities on Fridays:

· FMS3, FMS4, FMS4A-UTES, FMS6, FMS6A, FMS7, FMS8 and CSMS

1.1.7 CONTRACT RELATED DATA DISCLOSURE

The Contractor is required to keep all data, reports, or other information relating to the contract confidential. Release of all such information is conditioned on Defense Logistics Agency’s Disposition Services providing approval in writing prior to release. The release of information will be limited to the extent that otherwise confidential information is already in the public domain by acts of other parties (Freedom of Information Act) or that the consultant or contractor is ordered by competent judicial or administrative authority to disclose the information. Disposition Services requires the contractor to be obligated to notify Disposition Services immediately upon receipt of such an order. Disposition Services requires that the contractor not share information related to the contract in any forum in a way that would create a conflict of interest with or otherwise adversely affect Disposition Services. Disposition Services reserves for its counsel the final determination regarding whether a conflict, potential conflict, or adverse effect exists.

1.1.8 DBIDS INSTALLATION ACCESS

a. The Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel and credential status, law enforcement warrants, lost/stolen cards, and force protection conditions.

b. DoD installations now require all Contractors and their representatives be credentialed via enrollment in the DBIDS to gain access to these installations. DBIDS replaces the former Rapid Gate access system and also requires a security background check for all Contractors and their representatives. The Contractor should plan accordingly. For DBIDs enrollment, go to https://dbids-global.dmdc.mil/enroll.

c. Additional credentials and documentation may be required at some installations. The Contractor will consult the COR for additional info regarding additional credentialing requirements.

d. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

e. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

f. Failure to comply with these requirements may result in withholding of final payment.

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

DLA Disposition Services implemented an Environmental Management System (EMS) in accordance with ISO 14001:2015(E), DOD, and DLA requirements at all appropriate DLA Disposition Services facilities. 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 DLA Disposition Services 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 DLA Disposition Services mission. The DLA Disposition Services EMS program is explained in the agency EMS Core Instruction. Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the appropriate DLA Disposition Services tenant facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each appropriate DLA Disposition Services facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and host facility EMR for specific guidance concerning an individual facility’s EMS program. Contractors may request current copies of EMS information identified in this Section by contacting the local COR.

1.1.10 CONTRACTOR PERSONNEL

All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled at least to the minimum requirements under relevant 29 CFR-OSHA, 40 CFR-EPA, 49 CFR-DOT, EM 385 standards, and updates thereto. The Contractor shall be responsible for all initial and refresher training required of Contractor personnel and it shall be completed in the appropriate timeframes. Upon request by the Government, the Contractor shall provide proof that these trainings were completed.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

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 such that they are readily linked to this contract throughout this period. The Contractor may bring other waste onsite while conducting Milk Runs, or picking up waste at multiple locations, as long as the waste is listed on the current TOs being picked up. All TOs on a single milk run must collectively meet or exceed the TO minimum as required per Section 0.0.

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 unless otherwise stated in the CLIN description. 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 typically furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of Government-owned loading equipment (Section 1.2.6) and Government-owned scales (Section 1.2.7), and where applicable, various management services. Any other offers of assistance are unauthorized, and the Contractor shall not accept any such offers.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

1.2.6 LOADING

a. The Contractor is responsible for loading and furnishing all the equipment necessary for loading to include powered Material Handling Equipment (i.e., forklift or equivalent) to load individual containers or pallets into cargo trucks. Army Reserve Facilities service in this contract do not have equipment available for loading and the contractor is advised to bring MHE or a lift gate on the conveyance at the time of the pick-up. 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.

b. The Government may offer to assist the Contractor/Subcontractor with loading during normal hours of operation if the appropriate personnel and equipment are available for use. If the offer is accepted by the Contractor, the Government will make the initial placement or “tailgate” the item(s) on conveyance furnished by the Contractor. The initial placement will be as determined by the Government

c. It is the Government's responsibility to ensure that the waste being removed is readily accessible for loading by the Contractor at the time of removal. Accessible is defined in this Section as unobstructed and not requiring the movement of other containers or objects that are not scheduled for removal on the subject TO in order to gain access to the waste that is scheduled for removal.

d. The Government may tailgate load from any location in or around pickup points listed for this contract and the Generators will have containers staged at ground level.

The Government may tailgate loads at the following locations:

1.2.7 WEIGHING OF ITEMS

a. Government scales will be used when available, operable, and authorized by the Government. The Contractor shall be responsible for determining the availability of Government scales by contacting the COR. All scales used for purposes of this contract shall be calibrated IAW applicable regulations. The Government shall ensure that Government scales are operable and accurate through certification or demonstration. The Contractor shall ensure that non-Government scales are operable and accurate through certification or demonstration.

b. At the Government's option, the use of Government scales will be allowed at the following sites:

c. Before bulk loading, the Contractor is required to weigh the waste hauling vehicle, trailer, and/or rolloff/vacuum box, as applicable, to establish the empty (tare) weight of the conveyance. This weight will be documented on a certified weight ticket and provided to the COR. After loading, the Contractor will reweigh the conveyance to establish the loaded (gross) weight of the conveyance. This weight will be documented on a certified weight ticket and provided to the COR. The actual (net) weight of the waste cargo shall then be calculated by subtracting the tare weight from the gross weight. When onsite Government scales are available, weights must be agreed upon by both the Contractor and the Government before removal.