B.01.01 Combined Synposis-Solicitation RWD BPA Final 20210811.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ21R3025 11-Aug-2021

b. TELEPHONE NUMBER

816-389-3827

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 27 Aug 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DQ9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

WILLIAM J HILL

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

FEDERAL BLDG CT-H 601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

816-389-2030FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

562211

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF59

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section A - Solicitation/Contract Form

SECTION A

SYNOPSIS / SOLICITATION:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart

12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, quotations are being requested and a written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ21R3025 and it is being issued as a Request for Quotation

(RFQ).

Quotations are due on August 27, 2021 at 12:00 PM local Kansas City time. Quotations shall be submitted in PDF via e-mail to william.j.hill@usace.army.mill . All quotations must be good for at least 180 days from offer due date.

If you have any questions please contact Mr. Josh Hill via email at william.j.hill@usace.army.mil, or by phone at 816-389-3243

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05.

This synopsis/solicitation will be awarded using full and open competition under the associated North American Industry Classification system (NAICS) code is 562211 “Hazardous Waste Treatment and Disposal” and the business size standard is $41,500,000.00.

Product/Service Code: F108 – Environmental Systems Protection - Environmental Remediation

Description of Services Required: The U.S. Army Corps of Engineers Kansas City District has a need for disposal services for radioactive materials and waste generated at various sites throughout the nation. The vendor must possess and maintain a license or permit and be approved by USACE for disposal of various types of radioactive waste. The vendor shall comply with all Federal, state, and local laws, ordinances, statutes and regulations pertaining to the provided services.

The government intends to award multiple BPA’s from this combined synopsis/solicitation to the vendors whose quotations are the most advantageous to the government, considering price and, as applicable, technical qualifications. Specifically, the government will review the vendor’s pricing to determine whether it provides a fair and reasonable price for the items submitted and, as applicable, will review the technical information submitted to determine whether the services offered satisfy the requirements identified in the solicitation.

Place of Contract Performance: Selected Vendor’s Disposal Facility

Far 52.212-1, Instructions to Offerors-Commercial Items does apply to this acquisition with addenda to the provision and is located in Section L of this combined synopsis/solicitation.

Far 52.212-2, Evaluation - Commercial Items does not apply to this acquisition. See Section M of this combined synopsis/solicitation for information regarding the evaluation of quotations.

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, does apply to this acquisition with no addenda to the provision, and is located in Section K of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions-Commercial Items, does apply to this acquisition with addenda to the provision. These specific clauses required are located in Section I of this combined synopsis/solicitation.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition. These specific clauses required are located in Section I of this combined synopsis/solicitation.

In accordance with FAR 52.212-1(k) the prospective awardee shall be registered and active in https://sam.gov/ for their System Award Management (SAM).

Contractors may obtain information on registration and annual confirmation requirements via the Internet at https://sam.gov/ or by calling (866) 606-8220.

The System for Award Management (SAM) is a Federal Government owned and operated free web site. If you are a small business needing assistance with registering or help with navigating through the website you may contact the Association for Procurement Technical Assistance Centers for help with actions such as SAM.gov registration.

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/sam-registration/

Section B - Supplies or Services and Prices

SECTION B

PRICE LIST

Waste Type 0 to 100 tons 101 to 1,000 tons 1,001 to 10,000 tons 10,001+ tons

AEA Regulated

LARW

LACW

TENORM

TENORM Comingled

Mixed (AEA and

RCRA)

RCRA

Price list to include the services and associated unit prices for all work in support of waste disposal as detailed in the Performance Work Statement. Interested vendors that can provide ancillary services, to include transportation services and treatment, are encouraged to include those prices in their price lists as well.

Section C - Descriptions and Specifications

TERMS AND CONDITIONS

Per the Federal Acquisition Regulation (FAR) 13.303-3(a), the following terms and conditions are mandatory:

1. Description of Agreement: The supplier shall furnish all services if and when requested by the Contracting Officer (KO) during the specified performance period (detailed in the Delivery Information Section).

2. Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under the BPA.

3. Purchase Limitation: The dollar limitation for each individual call under this BPA is $7.5 Million

4. Individuals Authorized to Purchase Under the BPA: Any Procuring Contracting

Officer (PCO) within the USACE, Kansas City District

5. Delivery Tickets: All shipments under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

I. Name of supplier.

II. BPA number.

III. Date of purchase IV. Purchase number.

V. Itemized list of services furnished.

VI. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

VII. Date of delivery or shipment.

6. Invoices: A summary invoice shall be submitted at least monthly. A copy of the signed shipping papers, and Certificates of Disposal will accompany Pay Estimates/Invoices submitted by the Contractor. If the Contractor invoices based on certified scales at the disposal facility, weight tickets that correlate to the shipping papers must also be provided. Failure to do so will render the invoice defective. Each invoice must also clearly state the BPA call number, the contractor name and address that matches the information in SAM, and the total amount being invoiced.

PERFORMANCE WORK STATEMENT

1. General

1.1. Agreement Procurement Objective and Overview

The Blanket Purchase Agreement (BPA) for Radiological Waste Disposal (RWD) are for radiological waste disposal services in support of the U.S. Army Corps of Engineers (USACE) and its customers located in USACE assigned mission areas from various known or suspected sites that have been impacted by radioactive material and/or contamination.

Although not the primary focus of these agreements, the work may require ancillary tasks such as disposal of comingled or incidental RCRA hazardous waste materials, transportation, and treatment.

Work will be executed under BPA Calls using Performance Work Statements (PWSs) specific to that particular Call. Each Call will define the requirements of the contractor. The description of work stated herein provides a general understanding of the contractor functions to be performed. Individual Calls will contain the specific requirements.

Work under this BPA will be in accordance with all applicable, relevant, and appropriate Federal, State, and local laws and regulations. The Contractor shall be solely responsible for all its actions and inactions from acceptance of the waste materials at the project site.

Project specific Calls will be issued under the BPA. A wide variety of potential project sites could be expected in this BPA.

1.2. Radiological Disposal Services

The Contractor, a disposal facility operating as an independent entity and not as an agent of the Government, shall provide all labor, materials, facilities, and equipment and shall perform all work identified in each individual Call. The Contractor may be required to perform work under Calls at different sites simultaneously. The Contractor shall be cognizant of all appropriate laws, regulations, and guidance. The Contractor shall ensure that all work activities performed by his personnel, subcontractors, and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the KO and/or the Contracting Officer's Representative (COR) by written notice. Nothing in this agreement shall relieve the Contractor of his responsibility to comply with these laws and regulations.

Any conflicts between laws/regulations and agreement/call requirements shall be brought to the attention of the KO and/or COR.

This agreement covers the planning, receipt, handling, and safe permanent disposal of the waste materials, as defined in section 2.

Waste material can be in the form of soil or debris, as defined. The source of these materials will include a variety of sites from across the United States and other mission areas as assigned. Transportation methods include use of bulk and non-bulk containers and transport via truck, rail, or a combination of truck and rail. The Contractor shall provide final inspection criteria that will be reviewed and agreed upon by Customer/Government and used prior to shipment, to accept loaded types of containers. Contractor shall be responsible for the waste material from the point of acceptance forward (drayage). Wastes and containers will be specified in the specific Call.

As applicable to Calls that include transportation, trans-loading of materials containerized in appropriate DOT packages during transport to the disposal facility (e.g., transfer of closed intermodal containers from truck to rail) is generally acceptable. Trans-loading of loose materials from one DOT package to another (e.g., transferring material from an end dump truck to a rail gondola) is sometimes acceptable and is subject to Government review and approval prior to implementation as specified on a specific Call. The contractor’s technical quote shall describe any planned trans-loading of materials, facilities, equipment, processes to mitigate potential for spills or other losses of materials, and procedures for completion of shipping papers as required.

AEA regulated materials require licensed disposal in accordance with 10 CFR 61 or 10 CFR 40 Appendix A. While the volumes of materials requiring licensed disposal are significantly smaller, the Contractor will be capable of handling such materials if called for by the specific Call. Non-regulated materials do not require disposal in accordance with 10 CFR

61 or 10 CFR 40 Appendix A, but must meet all other federal (to include but not limited to those referenced herein) and state regulatory requirements. It is anticipated that non-regulated waste will comprise the majority of waste volumes, followed by regulated Class A wastes (see 10 CFR 61.55), and then very limited volumes of other regulated and mixed wastes.

The work to be performed under this BPA shall include planning, receipt of waste, proper permanent disposal of wastes, and reporting. Disposal shall be in accordance with the Contractor’s waste acceptance criteria, in an appropriate waste cell based on disposal licenses or permits, for waste received from any site. The Contractor shall directly provide disposal services in accordance with this PWS and the PWS issued with each individual call.

The BPA unit prices (Section B) shall include all costs associated with the receipt, standby time during loading, unloading, material handling, permanent disposal, planning, reporting, and long-term monitoring of materials received. The prices shall also include taxes, surcharges, fees, and tariffs. BPA unit prices shall include all costs (except for decontamination), inclusive of costs for incidental transfer of waste (e.g. drayage) at or near disposal facility(ies).

The receipt, handling, and permanent disposal of materials under this agreement shall comply with all applicable federal, state, and local regulations.

2. Definitions

2.1. LARW- Low Activity Radioactive Waste- These are non-regulated radioactive wastes that do not require disposal in accordance with 10 CFR 61 or 10 CFR 40, Appendix A. LARW may include, but is not limited to:

2.1.1. unimportant quantities of source material as defined in 10 CFR 40.13(a); the residuals from ores processed for their source material content prior to 1978 and with a residual or blended weight percent of U or Th of less than 0.05%;

2.1.2. Previously NRC-regulated radioactive wastes that have been authorized for disposal at non-NRC regulated disposal facilities.

2.2. LACW- Low Activity Commingled Waste- LARW commingled with RCRA Hazardous Waste

(HW)

2.3. TENORM- Technologically Enhanced Naturally Occurring Radioactive Materials- These are non-regulated wastes whose radioactivity has been technologically enhanced usually by mineral extraction or processing activities. TENORM may include, but is not limited to:

2.3.1. unprocessed ores,

2.3.2. residuals of metal ore processing,

2.3.3. water treatment wastes,

2.3.4. radium processing wastes.

2.3.5. Note: All TENORM waste must have a residual or blended weight percent of Uranium and/or Thorium (U/Th) less than 0.05%.

2.4. TENORM Comingled Waste- TENORM commingled with RCRA Hazardous Waste (HW)

2.5. AEA Regulated Waste- Waste regulated by the Atomic Energy Act of 1954 as amended. This includes but not limited to wastes classified under 10 CFR 61.55, as well as paragraphs 91b, and 11e.(1) through 11e.(4) of the AEA.

2.6. Debris- The Contractor (disposal facility) shall propose a specific definition for debris and shall identify limitations to this classification and the cost impacts of such limitations, as identified in the Bid Schedule, Schedule B.

2.7. RCRA Hazardous Waste- Includes hazardous waste identified in 40 CFR 261 (F-, K-, P- and U-listings) and/or characteristic waste in which the levels of residual radioactive materials have been determined to be indistinguishable from background levels.

2.8. Mixed Waste- Includes an AEA-regulated radioactive material waste stream that includes waste defined as hazardous by the Resource Conservation and Recovery Act (RCRA) at 40 C.F.R. 261.

2.9. Acceptance- The date the Contractor signs the shipping paper for the contracted waste.

2.10. Arrival- Either (1) the date that shipments are delivered at the Contractor's point of receipt by the carrier or (2) the date that, due to some inability on the part of the Contractor, a conveyance cannot be placed for loading or unloading at a point previously designated by the Contractor disposal facility and is placed elsewhere (constructive placement).

2.11. Carrier- The shipping company, trucking company, or railroad responsible for the transportation of the waste from the project Site to the Contractor's facility.

2.12. CECT-NWK - US Army Corps of Engineers, Kansas City District (i.e., the Administering Office).

2.13. Consignee- The individual or organization to which waste is shipped (i.e., Contractor's disposal facility).

2.14. Consignor- The individual or organization shipping waste to a consignee (i.e., Contractor).

2.15. Constructive Placement- When, due to some inability on the part of the

Contractor’s disposal facility, a conveyance cannot be placed for loading or unloading at a point previously designated by the consignee and is placed elsewhere. It is then considered as being under Constructive Placement and subject to demurrage, rules, charges, and specific damages as if it were actually placed at the designated point. This is considered arrival when constructive placement must be made due to the inability of the consignee (Contractor disposal facility) to allow shipments to be placed at the previously designated location.

2.16. Agreement Modification- Any written change in the terms of an agreement.

2.17. Contractor- The entity owning a disposal facility that presents a quote for consideration by the government.

2.18. Ordering Officer- A person authorized to place calls under a BPA.

2.19. Contracting Officer's Representative (COR)- An individual appointed in writing by the Contracting Officer to assist the Contracting Officer in the technical monitoring or administration of a contract or call. The COR's authorities are limited by appointment letter. The COR does not have the authority to make any commitments or changes that affect contract line items, cost, schedule, quantities, delivery, or other terms and conditions of the contract and/or call.

2.20. Conveyance - Any type of packaging used to ship waste including, but not limited to, intermodals, gondolas, railcars, containers, and trucks.

2.21. Customer- Any agency or Department of the US Government funded through civil or military appropriations utilizing this disposal agreement.

2.22. DFARS- the Defense Federal Acquisition Regulation Supplement, Code of Federal Regulations, Title 48, Parts 201 to 253.

2.23. Decontamination- Decontamination is the process whereby containers are cleaned to remove radioactivity and must be documented accordingly. The following decontamination levels are included in this agreement:

2.23.1. Empty container- the conveyance, vehicle, or container shall comply with 49 CFR 173.428.

2.23.2. Return to service - the conveyance, vehicle, or container shall comply with the applicable Department of Transportation (DOT) standard (e.g., set forth in 49 C.F.R. 173.443a, 173.443c, 173.428, 172.514, 173.29) for the class of material shipped.

2.23.3. Unlimited or free release- residual contamination levels of the conveyance, vehicle, or container shall not exceed the specific values specified in the specific Call. This is more stringent and will render a conveyance suitable for use in other services, i.e., "free release" or "unlimited release."

2.24. Discovery- The date the Contractor actually opens and (identifies a non-conformance within a conveyance) inspects each conveyance.

Discovery occurs in tandem with receipt.

2.25. Disposal Facility (DF)- The waste disposal facility owned by the Contractor.

2.26. FAR- Federal Acquisition Regulation, Code of Federal Regulations, Title 48, Parts 1 to 53.

2.27. Non-conforming waste- Non-conforming waste shall mean waste that does not meet the Contractor's current Waste Acceptance Criteria requirements or approved waste profile record. The Contractor shall propose all conditions that would result in a waste being identified as "Non-conforming waste."

2.28. Receipt- The date that the receipt inspection is completed by the Contractor.

2.29. Release- The date after decontamination that the conveyance is made available to the carrier for pickup from the Contractor's disposal facility.

2.30. Remedial Action Contractor- The Customer's contractor at the point of waste generation that prepares the waste for shipment. The Remedial Action Contractor is under contract to the Government, though not necessarily to CECT-NWK.

CECT-NWK is not responsible for the actions/statements/agreements/inferences of the remedial action contractor, or its subcontractors, shippers, or unauthorized government personnel.

2.31. Specific Damages- Refers to the costs incurred by the Customer/Government when conveyances are damaged or not timely returned under this call. Specific damages include, inter alia, standby costs of the Remedial Action Contractor, incremental rental costs, costs for equipment repair or replacement, demurrage, delay costs, demobilization, remobilization, and incremental labor and equipment costs incurred by the Government. Specific damages also include costs for container repair or other expenses incurred by the Customer or the Government.

2.32. Call- An order for services placed against an established BPA agreement.

The Call order performance period shall not exceed 5 years.

2.33. Call Modification-A written change in the terms or conditions of a Call order.

2.34. USACE- The United States Army Corps of Engineers

2.35. Waste treated for RCRA characteristic- Waste treated for RCRA characteristic is waste that has had the hazardous constituent removed or stabilized in accordance with RCRA regulations.

3. Execution

3.1. Calls and Invoicing

3.1.1. The Ordering Official/Contracting Officer will determine which BPA line items are appropriate for each Call.

3.1.2. Calls shall be awarded using the line items and unit prices established on the BPA Price Sheet. The Call shall have a stated quantity of material, specific line items, level of decontamination required, Generator Site, total obligation of funds, and be signed by the Ordering Official/Contracting Officer.

3.1.3. Calls will be competed and awarded with consideration of total overall price to the Government. Including costs not associated with the Call which may include, but not limited to the transportation, required waste characterization, and any required permits.

3.1.4. Award of Calls under this agreement shall be at the discretion of the KO.

Agreements awarded pursuant to this solicitation shall be considered for subsequent calls.

3.1.5. If during the course of shipment under a Call, the quantities or funding are expected to be 90% expended , the Contractor shall be responsible for notifying the NWK KO. The Contractor shall also immediately notify the Contracting Officer if a Customer requests that the Contractor receive or accept waste without proper line items, quantities, or funding on the call.

3.1.6. If the Contractor submits an invoice for quantities or types of waste that do not correlate to the amounts and types on the Call the Invoice will be rejected.

3.1.7. A copy of the signed shipping papers, and Certificates of Disposal will accompany Pay Estimates/Invoices submitted by the Contractor. If the Contractor invoices based on certified scales at the disposal facility, weight tickets that correlate to the shipping papers must also be provided. Failure to do so will render the invoice defective. Each invoice must also clearly state the BPA Call number, the contractor name and address that matches the information in SAM, and the total amount being invoiced. Payment of the final invoice for a Call is contingent upon receipt of all certificates of conformance, shipping papers, Release of Claims, final Call report, and any other documentation required by CECT-NWK. Failure of the Contractor to submit any of the required documentation shall render the invoice defective and not subject to Prompt Payment Act interest penalties.

3.1.8. The COR shall send the Contractor (with a copy to the Contracting Officer) a Notification of Defective Invoice within seven (7) calendar days of receipt of the defective invoice. The letter/notification will state that the invoice is considered to be defective and that the interest penalty under the Prompt Payment Clause is suspended pending receipt of a non-defective invoice. If a COR is appointed by the KO, the COR will sign the invoice/payment estimate only after verification that the invoice/payment estimate includes all items listed in 3.1.7 above, the correct line items, quantities, and unit prices. At Call closeout and release of claims, final invoices shall be signed by the KO after conformance with the requirements for documentation for the final invoice.

3.1.9. Each individual Call will be closed out after all shipments have been made to the Contractor's disposal facility. Concurrence from the Customer of final quantities and acceptable container decontamination and release is required to complete this closeout modification. The NWK Contracting Office will coordinate communication between the Customer and the Contractor.

3.2. Waste Management Plan/Waste Acceptance Criteria

3.2.1. The Contractor shall execute the requirements of this agreement in accordance with applicable licenses, permits and authorizations.

3.2.2. The Contractor shall upon completion of waste disposal activities, maintain responsibility for short- term and long-term post-closure management in accordance with the Contractor's licenses and permits.

3.2.3. The Contractor shall provide copies of all forms as identified in section

3.8.1 that will be required to accept waste. Review of the forms is required before the Government implements their use. It is the responsibility of the Contractor to ensure that any analytical results provided are acceptable and that the waste contaminants identified are in compliance with all applicable permits and licenses.

3.2.4. Changes to the applicable laws and regulations or to Contractor's permits and licenses must be communicated to USACE within 30 calendar days of the change going into effect.

3.3. Waste Acceptance

3.3.1. A total "turnaround" time will be proposed based on the schedule and requirements in each Call.

3.3.2. The Contracting Officer may include 52.211-11, "Liquidated Damages --

Supplies, Services, or Research and Development", in BPA Calls when the Contracting Officer determines that liquidated damages are appropriate. For conveyances and/or containers that are not returned within the defined delivery schedule, as specified in the Call, the Government will be compensated based on the liquidated damages rate identified in 52.211-11.

The BPA contractor will be given the details on a liquidated damages rate prior to the issuance of a BPA call.

3.3.3. The Contractor's quote-defined records will be used to track and report on total turnaround times in order to form a basis for charges and/or damages to be paid by the Contractor.

3.4. Non-conforming Waste

3.4.1. Upon discovering nonconformity or noncompliance of delivered material that exceeds the limits set by the Contractor's Radioactive Materials License, permit, WAC, or Waste Profile Record, the Contractor shall notify the KO and Project Manager by email or letter of the non-conformance or noncompliance within 48 hours of the discovery.

3.4.2. The non-conforming waste notification shall include a description of why the waste is non- conforming, including photographs and/or analytical results that document the non-conformance. This initial notification shall be followed, within 7 calendar days, by a written description of the steps required to make the waste conforming; the number of calendar days required to make the waste conforming; and a proposed cost for these services. The quote shall include a complete breakout of all components.

3.4.3. At its sole option, the Contractor may demand that the Government remove any non- conforming waste material from the disposal facility.

3.5. Container/Conveyance Decontamination

3.5.1. The 'base' disposal unit prices should not include decontamination costs.

Decontamination will be a line item added to each Call for decontamination of gondolas, intermodals, and B-25 or smaller containers.

3.5.2. The types of decontamination contemplated under this agreement include "empty container," "return to service," and" unlimited release." If there are additional charges for decontamination of conveyances, the Contractor shall clearly indicate these costs in their price list.

3.5.3. The "unlimited release" standard may be required for all conveyances on a Call or just at the completion of a remedial action.

3.5.4. The Call shall clearly state the level of decontamination required.

3.6. Damaged conveyances

3.6.1. In the event that damage occurs to a conveyance after receipt by the

Contractor, the Contractor shall be liable for the costs of repair or replacement of the conveyance.

3.6.2. In the event that damage occurs to a conveyance while being loaded by the Remedial Action Contractor, the (BPA) Contractor is not liable for the costs of repair or replacement of the conveyance.

3.6.3. The Government, in its sole discretion, will decide whether a damaged conveyance will be repaired or replaced.

3.7. Weather

3.7.1. If weather conditions are so severe that the Contractor must suspend operations under its licenses, permits, or written operating policies, the Contractor shall notify the KO within 48 hours and provide specific information to document the conditions requiring the suspension of operations. The notification shall contain a list of all conveyances, by Call number, which is affected by the suspension of operations. If the notification is timely submitted, the KO will allow the Contractor one additional day turnaround time for release of decontaminated conveyances for each day of suspended operations.

3.8. Forms

3.8.1. The Government recognizes that the Contractor may wish to receive information from the Government related to the waste, including but not limited to waste profiles and scheduling information. The Contractor must propose all forms, electronic and/or hard copy, necessary for the characterization of waste and for waste acceptance, handling, permanent disposal and decontamination of conveyances. However, the Government shall not be contractually bound by any form that is not specifically approved prior to its use. Contractor costs for review and use of all forms must be included in unit costs in Section B.

3.8.2. If the Contractor's state license or permit requires any specific forms, they shall be included and described in the Contractor's quote. The forms will not be binding unless approved by the Contracting Officer.

3.8.3. The Customer or the COR will complete all required shipping papers and provide a copy to the Contractor. Shipping papers must accompany all waste shipments and shall be used to confirm the delivery and receipt of the material for permanent disposal. The signed shipping paper must be returned to the COR (electronic submission preferred) once the Contractor accepts the waste shipment.

3.8.4. The Contractor is responsible for certification of all shipping papers and total management of their transportation and disposal procedures including scheduling, control, and reporting. Although this BPA is for disposal services, Calls may include additional manifesting, transportation, and disposal requirements. Should a Call require the Contractor to have onsite personnel they must be trained as per 49 CFR 172.700.

3.8.5. Should transportation be required under a call the Contractor shall not transport or ship any wastes prior to Government approval of the Complete shipping paper package. The Government will make every effort to conduct the approval process within five (5) working days after receiving the Complete shipping paper package. If the regulators are unavailable or extensive review of federal or state laws or regulations is required, the KO/COR will notify the Contractor as soon as possible.

3.9. Reports: The contractor shall deliver to the COR and PM the following reports electronically via email. Reporting costs will be included in the unit pricing.

3.9.1. A monthly report that accounts for all waste material received must be submitted within ten (10) calendar days following the end of each month. This report must include the volume of material handled from each site of origin. The report must contain the following information for each month in which shipments were received:

3.9.1.1. Waste generator number

3.9.1.2. Shipment number

3.9.1.3. Volume received

3.9.1.4. Date of conveyance arrival

3.9.1.5. Date conveyance was released

3.9.1.6. Conveyances not accepted or non-conforming with reasons identified, including pertinent documents (i.e. shipping papers, analytical results, photos of non-compliant material)

3.9.1.7. The status of each conveyance as of report date

3.9.2. A final report for each Call shall be submitted within thirty (30) calendar days after completion of each call and shall include the following:

3.9.2.1. An accounting of all materials disposed.

3.9.2.2. Certification that all material was disposed in accordance with the Contractors licenses and permits.

3.9.2.3. Certification that conveyance decontamination was done in accordance with applicable regulations.

3.9.2.4. Final quantities received per line item

3.9.2.5. Any problems encountered (i.e. non-compliant shipments and supporting documentation).

3.9.3. The Contractor shall provide the Contracting Officer, within ten (10) calendar days of receipt, copies of all Notices of Violation. This notice shall state reasons and include all pertinent documentation of the notice of violation.

3.9.4. The Contractor shall provide the Government with a Certificate of Disposal for each shipment of wastes. At a minimum, the certificate shall identify the waste container, the weight (tons) of waste received, any sample information obtained by the disposal facility, the location of disposal, and any additional information that may be required by Federal, State, and local laws and regulations.

3.9.5. Contractor must return to the Customer/Government, a signed copy of the shipping paper(s) for each waste container accepted at the disposal facility.

4. Point of Contact for Notifications

W912DQ21R3025

All communications regarding execution of this agreement shall be made through the U.S.

Army Corps of Engineers, Kansas City District KO. Contact information will be provided at the time of award.

5. Safety and Health

5.1. Safety and Health

If the Contractor or their subcontractor is required to be on-site at the project for any reason they are required to review, sign, and follow the prime contractor’s site safety and health plan.

6. Project Management

6.1. Contractor must designate a single contact, reachable by telephone, to respond to any unforeseen situation that may arise during normal working hours of 7:00 am

– 5:00 p.m., Monday through Friday, during the performance of each Call.

6.2. Contractor may be required to provide a representative for each Call to provide practical consulting services and problem resolution during start-up. These services may include but are not limited to: providing model shipping paper forms; advising on the switching of rail cars; review of material classification, weights, volumes, etc.; advising on installation of liners; and closure of intermodal containers. This effort is anticipated to only be necessary in the early stages of a Call.

6.3. Contractor shall provide final inspection criteria that will be reviewed and agreed upon by the Customer/Government and used prior to shipment, to accept the loaded gondolas, intermodal units or other forms of container. Contractor shall then be responsible for the waste material from that point forward. This final inspection is at the discretion of the Contractor and is not mandatory.

6.4. Contractor shall immediately notify (within 24 hours) Customer/Government upon learning of any potential or actual reportable incident that occurs during the handling of the waste material. Customer’s reporting telephone number shall be provided to Contractor in each Call.

7. Security

7.1. The Contractor shall maintain the site and all other Contractor controlled areas in such a manner as to minimize the risk of injury or accident to site personnel or others who may be in the area.

7.2. When work is performed on a Customer/Government Project site, the Contractor shall comply with all security requirements of that project.

7.3. When work is performed at a military installation the Contractor must comply with all security requirements of that installation.

7.4. The Contractor will verify that a Security plan is not required per 49 CFR

172.800. If required the Contractor shall notify the Customer/Government prior to transporting wastes.

7.5. Specific Calls may require the development of Security Plans.

8. Contractor Quality Control

Contractor Quality Control (CQC) is the means by which the Contractor ensures that the work, to include that of subcontractors and suppliers, complies with the requirements of the agreement. The control must be adequate to cover all operations, including both on-site and off-site activities. The Contractor is responsible for quality control and must establish and maintain an effective quality control system. The quality control system must consist of plans, procedures, and organization necessary to produce an end product that complies with governing regulations and agreement call requirements. The Contractor's quality control program must include inspections and tests as described in each individual Call.

9. Relevant Statutes, Regulations and Publications

9.1. Atomic Energy Act (AEA) of 1954, as amended, mostly codified at 42

U.S.C.A. §§ 2014,2021 to 2021j, 2022, 2111, 2113, 2114.

9.2. Uranium Mill Tailings Radiation Control Act, (UMTRCA), Public Law 95-

604, as amended, mostly codified at 42 U.S.C.A. §§ 7901-7942.

9.3. Resource Conservation and Recovery Act (RCRA), 42 U.S.C.A. §§ 6901 to 6992k, as amended.

9.4. Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), U.S.C.A. §§ 9601 to 9675, as amended.

9.5. Code of federal Regulations, Title 49, Transportation, Parts 171 to 179.

9.6. Code of Federal Regulations, Title 10, Standards for Protection Against

Radiation, Nuclear Regulatory Commission (NRC), Pmt 20.

9.7. Code of Federal Regulations, Title 40, Standards for the Control of Residual

Radioactive Materials from Inactive Uranium Processing Sites, Part 192.

9.8. Code of Federal Regulations, Title 40, Protection of the Environment, Parts 260 to 268.

9.9. Code of Federal Regulations, Title 40, National Emissions Standard for

Hazardous Air Pollutants for Radionuclides, Part 61.

9.10. Code of Federal Regulations, Title 40, Maximum Contaminant Levels (includes certain Radionuclides), Part 141.

9.11. Code of Federal Regulations, Title 29, Safety and Health Standard, Parts 1910

(General Industry) and 1926 (Construction Industry), U.S. Department of Labor, Occupational Safety and Health Administration (OSHA).

9.12. Federal Acquisition Regulation (FAR), Code of Federal Regulations, Title 48, Parts 1 to 53

9.13. Defense federal Acquisition Regulation Supplement (DF ARS), Code of Federal

Regulations, Title 48, arts 201 to 253.

9.14. Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use, RC, 1976.

9.15. DOE Order 5400.5, Radiation Protection of the Public and the Environment, February 1990.

9.16. DOE Order 5820.2A, Radioactive Waste Management.

9.17. Standard Operating Safety Guidelines, U.S. Environmental Protection Agency

(EPA), Environmental Response Branch, Hazardous Response Support Division, Office of Emergency and Remedial Response.

9.18. Disposal of Naturally Occurring and Accelerator-Produced Radioactive Materials, EPA 402-K -94-001, August 1994, EPA.

9.19. Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control, National Institute for Occupational Safety and Health

(NIOSH).

9.20. Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 (2014).

9.21. Corps of Engineers Engineering Manual EM 385-1-80, Radiation Protection, (2013)

9.22. Applicable regulations of State in which the radiological contaminated soil is being disposed.

9.23. Other laws, regulations or guidance as required by Contractor's license(s) or permit(s).

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

OCT 2020

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off…