Attachment 1 - STATEMENT OF WORK rev2-1.pdf

Scope of Work (SOW)

PREPARED BY

USDA/ARS/WRRC

FOR

HAZARDOUS AND NON-HAZARDOUS WASTE DISPOSAL SERVICES

SECTION 1 – GENERAL INFORMATION & DESCRIPTION OF SERVICES

1.0 BACKGROUND

The Western Regional Research Center (WRRC) is a complex facility established to perform a myriad of agricultural research activities. The performance of these activities results in the generation of diversified chemical and biological wastes of varying quantities and toxicities.

Wastes may contain pyrophoric, explosive, reactive, or toxic substances and compressed gases.

Some of the chemicals are dangerous due to their sensitivity to shock, friction, or pressure;

others are reactive or unstable for a variety of reasons.

The Agricultural Research Service (ARS) recognizes its responsibilities to ensure facilities are following existing regulations imposed upon entities which generate, transport, store, treat, and dispose of hazardous chemical wastes. The Agency has a need for hazardous waste disposal services, as well as non-hazardous waste disposal services.

The Western Regional Research Center (WRRC) is situated at 800 Buchanan Street, Albany, California, 94710. The facility is in a residential area and borders a recreational city park.

WRRC supports around 200 employees, most of which are scientists and technicians. The WRRC is a Large Quantity Generator of chemical waste. See Attachment 5 – WRRC Map for a map of the Center and a comprehensive list of buildings.

1.1 ACRONYMS

The following acronyms are used though this performance work statement:

ARS Agricultural Research Service CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations CJ Consent Judgment CO Contracting Officer COR Contracting Officer’s Representative DOT Department of Transportation EPA Environmental Protection Agency WRRC Western Regional Research Center FFCA Federal Facility Compliance Agreement HSMS Hazardous Substance Management System LLRW Low Level Radioactive Waste RCRA Resource Conservation and Recovery Act

SOW Statement of work TSDF Treatment Storage and Disposal Facility

1.2 PERIOD OF PERFORMANCE

April 1, 2022- March 31, 2027

1.3 SCOPE OF WORK

During the period of performance, the Contractor will provide qualified personnel and all labor for the segregation, classification, and packaging of hazardous waste in accordance with all DOT, EPA and State regulations. All work will be performed at the facility address listed above during normal business hours. It is anticipated that all work can be completed within one working day. The Contractor will provide all materials for the proper packaging of chemical waste for shipment, which includes drums, packing media, DOT, EPA labels, manifests and associated regulatory paperwork, and personal protective equipment. The Contractor will provide transportation of all packaged waste by a fully licensed and insured waste transporter from the facility to the end disposal site(s). The Contractor will provide proper treatment and disposal of all wastes at an authorized disposal facility.

The contractor shall demonstrate sufficient experience in the field of hazardous waste management. The contractor shall supply all labor, materials, safety equipment, vehicles, licenses, and special permits required for pickup of hazardous chemical compounds and other non-regulated materials at laboratories and chemical storage areas at the WRRC. The waste shall be transported, stored, and disposed of by the contractor and/or sub-contractor.

The contractor shall comply with all Federal, State, and local regulations governing the handling, packaging, storing, transportation, and disposal of hazardous waste chemicals and other non-regulated materials.

The contractor shall furnish containers meeting Department of Transportation shipping specifications with liners compatible with solvents, waste oils, and other liquid chemical compounds

The contractor shall prepare waste materials for shipment and transport (waste) from the WRRC marshalling areas to the “designated facility” or Treatment Storage and Disposal Facility. Waste shall be managed (e.g., picked up) under this section between the working hours of 8:00 a.m.

through 5:00 p.m., Monday through Friday, excluding Federal holidays.

1.4 QUALITY CONTROL

The Contractor shall develop and maintain a quality control plan to ensure services are performed in accordance with commonly accepted commercial practices and services. The plan shall include procedures to identify, prevent and ensure that non-performance and/or continual repeat of defective service does not occur. A written Quality Control Plan shall be submitted to the Government Point of Contact and the Contracting Officer for review, comments (as needed) and approval no later than two weeks (14 days) after award.

1.5 QUALITY ASSURANCE

The Government will inspect and evaluate the Contractor’s performance to ensure services are received in accordance with the requirements set forth in this contract. The Government Point of Contact may inspect actual task performance, physically checking an attribute of the task, checking a report, investigating customer complaint or otherwise inspecting the task or its results to determine whether or not performance meets the standards contained in this SOW. The Government Point of Contact will use the Contractor’s work schedule or modified version thereof, to record surveillance results. Results of surveillance then become the official record of the Contractor’s performance. When a performance threshold has not been met or Contractor performance has not been accomplished, the Government Point of Contact will initiate and provide the Contracting Officer a Contract Discrepancy Report (CDR) for issuance to the Contractor. The contractor shall respond to the CDR instructions provided and return it to the Government Point of Contact and the Contracting Officer within 10 days of receipt (Attachment 6).

1.5-1 SURVEILLANCE METHOD(S):

100% SURVEILLANCE: Requires the Government to inspect the service each time it occurs.

Results shall be annotated on the inspection schedule. Any deficiency shall be documented, and the Contractor shall re-perform service immediately, if appropriate, or within a reasonable time period at no increase in contract amount. Any unsatisfactory inspection identified but re-performed acceptably shall still be counted as an unsatisfactory inspection for trending purposes.

Receiving two or more unsatisfactory 100% surveillances within a 12-month period may result in unsatisfactory past performance documentation.

RANDOM SAMPLING: Random sampling is an appropriate method for frequently recurring tasks.

The Government Point of Contact will evaluate randomly selected samples of the activity to determine the acceptability of the entire requirement. Any unsatisfactory inspection (defect) result shall be recorded, and the Contractor shall re-perform the service after notification by the Government Point of Contact. Failure to meet performance in any one-month period as outlined in the Statement of Work shall result in a warning or letter of concern from the Contracting Officer. Failure to meet performance in any combination for any two, or more consecutive or no-consecutive months during the contract period shall constitute an immediate Progress Meeting with the designated Government Point of Contact and the Contracting Officer. All remedies shall be in accordance with the contract terms and conditions.

CUSTOMER COMPLAINTS: The Government Point of Contact will receive and investigate complaints and will be responsible for initially validating customer complaints. The Contracting Officer shall make the final determination of the validity of customer compliant(s) in cases of disagreement with the Government Point of Contact and the Contractor. Exceeding the performance threshold in a one (1) month period shall result in a warning or letter of concern from the Contracting Officer. Exceeding the performance threshold for any two (2) or more consecutive or non-consecutive months during a contract period shall constitute an immediate Progress Meeting with the designated Government Point of Contact and the Contracting Officer.

All remedies shall be in accordance with the contract terms and conditions.

PERIODIC SURVEILLANCES: This method requires the Government to employ a “spot check” style of evaluation based on the Contractor’s schedule. Periodic surveillances will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual, or annually) and may be adjusted, based on quality trends. Any unsatisfactory inspection (defect) result shall be recorded, and the Contractor shall re-perform the service after notification by the Government Point of Contact. Failure to meet performance in any one-month period as outlined in the Statement of Work shall result in a warning or letter of concern from the Contracting Officer. Failure to meet the required Statement of Work performance in any combination for any two, or more consecutive or no-consecutive months during the contract period shall constitute an immediate Progress Meeting with the designated Government Point of Contact and the Contracting Officer.

All remedies shall be in accordance with the contract terms and conditions.

1.6 RECOGNIZED GOVERNMENT HOLIDAYS

New Year’s Day - January 1 Martin Luther King Birthday - 3rd Monday in January Presidents’ Birthday - 3rd Monday in February Memorial Day - Last Monday in May Juneteenth - June 19 Independence Day - July 4 Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veterans’ Day - November 11 Thanksgiving Day - 4th Thursday in November Christmas Day - December 25

In the event a government recognized holiday falls on a scheduled service day, the Contractor will be responsible for coordinating with the designated Government point of contact to reschedule service.

1.7 COMPLIANCE WITH BIO-BASED REQUIREMENTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide bio-based products. The Contractor shall utilize products and material made from bio-based materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer (CO).

Bio-based products that are designated for preferred procurement under USDA’s Bio-Preferred program must meet the required minimum bio-based content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their bio-based products such as bio-based content and source of bio-based material.

In addition to the bio-based products designated by the U.S. Department of Agriculture in the Bio-Preferred Program, the Contractor is encouraged to use other commercially available bio-based products. The Contractor shall submit with the initial proposal a complete list of bio-based products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of bio-based products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Bio-based Product Certification and FAR 52.223-2, Affirmative Procurement of Bio-based Products under Service and Construction Contracts.

2.0 Requirements

2.1 General Requirements.

2.1.1 The Contractor, as an independent contractor and not an agent of the United States Department of Agriculture, Agricultural Research Service, Western Regional Research Center (ARS WRRC) shall, on an as required basis, supply the necessary personnel, material and all other things necessary for or incident to the performance of the assigned task.

2.1.2 All work performed by the contractor shall comply with all applicable Federal, state and local laws and regulations, including, but not limited to, those promulgated under the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Hazardous Materials Transportation Act, California Title 22 and applicable Department of Transportation regulations.

2.1.3 The ARS WRRC affirms that all hazardous property placed for disposal on task orders issued under this contract will be accompanied by documentation and markings to properly identify the waste if available. The exception may be in the case of wastes generated from broken or leaking containers, or unidentified containers where it may be necessary to determine whether such wastes and cleanup materials exhibit the characteristics of hazardous wastes as defined by Federal or state regulations. In these instances, the contractor will provide for any additional testing and/or analysis required for characterization, transportation, treatment, recycling, or disposal of the hazardous or toxic waste.

2.1.4 There will be an estimated number of six (6) pickups of Hazardous Waste per year.

2.2 Specific requirements

2.2.1 The contractor will provide all services necessary for the final treatment/disposal of the hazardous and universal wastes listed in the schedule in accordance with all local, state, and federal laws, and regulations, and the terms and conditions of this contract.

2.2.2 Mandatory recycling

ARS is implementing an affirmative program to promote cost-effective waste reduction and recycling of materials generated in its operations and facilities. Recycling and reuse of materials is preferable to incineration and/or land filling. Thus, the contractor will have recoverable materials recycled when possible.

2.2.3 Department of Transportation Requirements

The contractor will comply with, and ensure that all applicable subcontractors comply with, all requirements of United States Department of Transportation (DOT) regulations, 49 CFR Parts 100-199, regarding waste transportation under this contract. Complete compliance with these regulations shall include, but not be limited to, ensuring that emergency response information is carried on transport vehicles and maintained at facilities where hazardous materials are received, stored, or handled during transportation. Shipping papers will contain an emergency response telephone number supplied by the disposal contractor which is monitored 24 hours a day in order to provide immediate, detailed emergency information to personnel reacting to emergencies.

Technical names will be included in the descriptions of materials reflected on shipping papers by “not otherwise specified” (n.o.s.) descriptions. Definitions of the terms used in this clause are those used in 49 CFR 100-199. Contractors must ensure that off-site shipments of hazardous waste are labeled, marked, and placarded according to the U.S. DOT requirements. Contractor remains responsible for proper management of waste even after it leaves Agricultural Research Service Property. This includes responsibility for any spill while in transit.

The Contractor shall provide obtain all state hauling permit numbers where appropriate. The applicable state hauling permit numbers must be provided for the state(s) where the pick-up sites are located, the state(s) where the interim storage facilities are located as listed in their TSDF plan and the state(s) where the disposal facilities are located as listed in the TSDF plan.

2.2.4 The transporters approved for use under this contract are only approved subject to all services being performed in accordance with all federal, state, and local laws and regulations and the transporter’s permit.

2.2.5 Spill Responsibility

2.2.5.1 The contractor is solely responsible for any and all spills or leaks and subsequent clean ups that may be required during the performance of this contract which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The contractor agrees to clean up such spills or leaks to the satisfaction of ARS and in a manner that complies with applicable Federal, state, and local laws and regulations. The cleanup shall be at no cost to ARS.

2.2.5.2 The contractor shall report all such spills or leaks, regardless of their quantity, to ARS. A written follow-up report shall be submitted to ARS no 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 the item spilled (including identity, quantity, manifest no., etc.).

2. Whether amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

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 press, state officials, or Postal

Service officials.

6. Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

2.2.6 Safety

The contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, contractor’s personnel and equipment shall comply with applicable Federal, state, and local laws, safety regulations and procedures, and contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The contractor shall ensure that all personnel involved in handling and packaging the hazardous and universal 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.

Handling and personnel protective equipment shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste. The contractor agrees that his personnel and equipment are subject to safety inspections by ARS personnel and state authorities while on ARS property.

2.2.7 Permits

The contractor shall, without additional expense to the ARS, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, state and local laws, codes, and regulations in connection with the execution of the work. This includes ensuring ARS hazardous waste is sent to licensed, permitted, and approved disposal sites.

2.2.8 Definition of Final Treatment/Disposal

2.2.8.1 For purposes of this contract, final treatment/disposal means either: treatment so that such wastes no longer meet the definition of a hazardous waste as defined in 40 CFR 261; or treatment of a waste by a RCRA handling method specified in 40 CFR Parts 264/265 appendix 1, Table 2, paragraph 2. Waste handling costs that describe methods of storage do not meet the definition of final treatment nor final disposal under this contract. Interim treatment of the waste such that the waste still meets the definition of a hazardous waste as defined in 40 CFR 261 does not meet the definition of final treatment under this contract. Final disposal means disposal of a waste by a RCRA handling method specified in 40 CFR, parts 264/265, appendix 1, table 2, paragraph 3. All facilities used for interim treatment, final treatment, or final disposal of items on this contract shall have as a minimum, an EPA/state approved interim status permit showing EPA hazardous waste numbers described in 40 CFR 261, subparts c and d, for each waste the facility is permitted to handle.

2.2.8.2 Mere acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal facility (TSDF) does not meet the definition of final treatment nor final disposal under this contract. It is the contractor’s responsibility to obtain all necessary documentation to prove that the final treatment or final disposal of all items (as defined in paragraph above) has been accomplished. This documentation shall be attached to the certificate of disposal and submitted with, or prior to, the invoices.

2.2.9 Typical Hazardous Wastes

A list of hazardous wastes that were generated during the last two years at the WRRC facility will be provided as an example of what could be expected for disposal. Waste generating activities include laboratory work, facility maintenance, construction, vehicle maintenance, equipment repair operations and plant cultivation activities:

Average amount of waste generated per year (included universal waste): 12100 lbs.

2.2.10 Manifesting and Shipping Documents

2.2.10.1 A uniform hazardous waste manifest is required for the removal from ARS property of all hazardous waste items. The contractor shall obtain and review all manifests for completeness and accuracy prior to removal of any hazardous or toxic wastes from postal property. The contractor shall provide ARS WRRC with a copy of the manifest(s), land disposal restriction notification(s), and any other shipping documents for review by the appropriate ARS official at least 24 hours prior to removal, whenever possible. The pickup manifests will be reviewed and signed by the appropriate ARS official. Completed copies of all manifests shall be furnished to ARS WRRC, as well as submitted as attachments to all invoices. Manifests shall be submitted in such a manner as to comply with the timeliness prescribed by the state of California and US EPA regulations.

2.2.10.2 The contractor is required to provide the ARS WRRC with a copy of any manifest which documents the movement of the waste after it has departed the property within 30 calendar days after acceptance at the accepting facility. For example, if waste is shipped from the accumulation site to a facility for storage or treatment, which does not meet the definition of final disposal, then a manifest detailing the acceptance of the waste into the additional facility must be provided within the prescribed timeframe.

2.2.10.3 Each manifest, as well as other documentation required herein shall be clearly and distinctly marked with the contract number and delivery order number as applicable. If blocks are not provided, the contract and delivery order information shall be placed in the upper right-hand corner of each document.

2.2.11 Segregation of Hazardous Waste

All items collected on this contract must be segregated and kept physically separate from any other items until the initial treatment, storage disposal facility (TSDF) is reached. The items must be so marked, that they are readily identified to this contract throughout this period. In addition, the contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished.

2.2.12 Statement on Containers

The vendor shall supply all containers and packing material for use in consolidating compatible waste for transport and disposal.

2.2.13 ARS Equipment and Personnel

ARS WRRC shall not furnish any equipment to assist the contractor in the performance of the contractor's responsibilities under the contract.

2.2.14 Treatment of Hazardous Waste on ARS property

Treatment of hazardous waste (including solidification) on ARS property is not permitted.

Treatment is defined as any process which meets the definition of treatment as set forth in applicable federal, state and local laws and regulations.

2.2.15 Reports

2.2.15.1 The contractor shall prepare a Certificate of Disposal. This certificate is to be submitted prior to the invoices. Any differences between the contract inventory and what was actually picked up or disposed of must be thoroughly described and documented.

2.2.15.2 Certificate of Recycling. The contractor shall prepare a Certificate of Recycling for any waste that is recycled. This certificate is to be submitted prior to the invoices. One copy of each certification of recycling signed by a responsible company official for property removed will be provided to the appropriate postal property officials.

2.2.16 Empty Containers

Prior to reuse or sale of empty containers, the contractor shall:

• Comply with the cleaning requirements of 40 CFR 261.7 and all applicable state of California regulations.

• Obliterate all markings and labels.

2.2.17 Packaging, Marking and Labeling

2.2.17.1 The contractor shall package, mark, label and placard all items in such a manner that all applicable federal, state, and local EPA and DOT regulations are met. Packaging, shipping names, marking, labeling, placarding, etc., under the terms of this contract will be in accordance with 49 CFR and 40 CFR. If items must be packaged for proper shipment, the contractor shall perform such repackaging and furnish all required materials. When repackaging is necessary, the contractor shall be responsible for disposal of the original container and placarding in a manner that complies with all applicable federal, state, and local EPA and DOT regulations. The contractor shall also provide and affix appropriate placards to each vehicle prior to leaving ARS premises and ensure that all other state and DOT transporter requirements are met.

2.2.17.2 If the contractor elects to package compatible items in the same container, then the contractor must provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed outside the outer most container. A copy of the packing list must be attached to the manifest.

2.2.18 Training

2.2.18.1 Documentation on the contractor's training program sufficient to demonstrate compliance with OSHA, RCRA, TSCA, DOT and state requirements relative to hazardous or toxic property handling. Provide proof that initial and refresher training is being accomplished for key individuals, including those persons who will be performing the on-site field work.

Provide the credentials of the training agent. Offerors must provide documentation verifying that the following training requirements have been successfully met:

i. OSHA - 20 CFR 1910.120 and 1910.1200

ii. RCRA- when applicable

iii. TSCA - when applicable

iv. DOT - when applicable

2.2.18.2 Training course listing must cross-reference which RCRA/OSHA/DOT requirements they meet. Offeror shall provide the name, address, telephone number and credentials of the training agent. Training must include both the initial 24 hour and the 8-hour refresher courses on hazardous property handling (HAZWOPER), safety, manifesting, and the hazard communication course.

2.2.18.3 Acceptable evidence of training includes one or more of the following documents:

certificate of training, class rosters, transcripts or class scheduled. Offerors must provide this documentation for any proposed subcontractor that will sample or remove hazardous waste.

2.2.18.4 Offerors will provide evidence of expertise in general pollution prevention principles, as well as a description of how such principles can/will be applied during contract execution.

3.2 Pickup Procedures.

3.2.1. DESIGNATED LOCATION PERSONNEL will request a quote for pickup from the Contractor. The request will contain a list of the wastes and the amounts of each waste, the location of the waste, and facility contact information.

3.2.2. The Contractor shall provide a cost estimate to the DESIGNATED LOCATION PERSONNEL within 14 days of receiving the list. The Contractor shall not pick up any waste not on the list without first contacting the DESIGNATED LOCATION PERSONNEL.

3.2.3. The Contractor shall review the list and advise the DESIGNATED LOCATION PERSONNEL if any of the waste requires special handling, special analysis or Contractor is unable to pick up some or all of the waste for any reason.

3.2.4. The DESIGNATED LOCATION PERSONNEL will approve the quote or request revisions from which the Contract Officer (CO) will issue the Task Delivery order.

Note The contractor shall not pick up anything or perform services until a Task Order has been issued or prior CO approval has been given.

3.2.5. After approval or receiving the Task/Delivery order, the Contractor will schedule pick up with the facility contact. All pickups shall be completed within 30 days of receiving the request from the CO, unless otherwise authorized by the CO or DESIGNATED LOCATION PERSONNEL. All pickups shall be completed within the time frame indicated on the Task Order unless otherwise authorized by the CO or DESIGNATED LOCATION PERSONNEL

3.2.6. Contractor shall pick up the materials on the scheduled day. Contractor shall advise the DESIGNATED LOCATION PERSONNEL if waste cannot be picked up on the scheduled day or if the 15-day time window is exceeded.

3.2.7. Contractor shall transport the waste to an appropriate Treatment Storage and Disposal Facility (TSDF).

3.2.8. Contractor shall ensure that a completed hazardous waste manifest is returned to the facility.

3.3. Procedures for urgent requests.

3.3.1. If the DESIGNATED LOCATION PERSONNEL identifies a pickup request as urgent, Contractor shall immediately arrange for waste pickup. However, no services are to be performed without prior CO approval or Task Order

3.3.2. Contractor shall provide a price quote within 24 hours. Any services/supplies not accounted for in the Schedules of Prices shall we dealt with via negotiated modification.

2.0 Requirements