Basic Ordering Agreement Performance Work Statement dated 08 July 2025.docx

8 July 2025

The Department of Defense Radioactive Waste Program Basic Ordering Agreement (BOA) An Issuance of the DoD Lead Agent for Low-Level Radioactive Waste

Version 8 July 2025

Table of Contents

0.0. PROGRAM AND POLICY

The U.S. Army is the Department of Defense Lead Agent (DODLA) for disposal of low-level radioactive waste (LLRW). It provides oversight and guidance for the Department of Defense (DoD) LLRW Program. Its mission is safe, compliant, and cost-effective LLRW disposal. It is DoD policy that all LLRW be handled and disposed of in a manner that is protective of human health and the environment and complies with DoD issuances and applicable statutory and regulatory requirements.

Responsibility of the DoD LLRW Program is assigned in Army Regulation (AR) 385-10 to the U.S. Army Joint Munitions Command (JMC), Environmental and Health (Physics) Division to provide LLRW disposal services in accordance with Department of Defense Instruction (DODI) 4715.27. (JMC has been operationally ordered by Department of the Army to merge with Army Sustainment Command (ASC) to create a single command after the implementation of this BOA. The authority of the LLRW Program will reside with the DODLA, regardless of command alignment, after the merger.)

The DoD LLRW Program relies on qualified contractors to carry out parts of this world-wide mission. Contractors shall travel to locations to prepare shipments of excessed or unwanted radioactive materials for ultimate transfer, recycle, or disposal (as waste). (Transfer of ownership, recycle, and return to manufacturer are only authorized on a case-by-case basis). Other requirements of the mission may include disposing of excessed or unwanted radioactive materials (as waste) generated by other private contractors on behalf of the Government or developing detailed work plans to characterize material or assist the Government in the planning future disposal of excessed or unwanted radioactive materials (as waste).

1.0. OVERVIEW, LIMITATIONS, AND EVALUATIONS

In accordance with Federal Acquisition Regulation (FAR) 16.504(a)(4)(v), the only activity authorized to issue orders against this Basic Ordering Agreement (BOA) is the Army Contracting Command - Rock Island (ACC-RI). The Contracting Officer (KO) for this BOA is:

Army Contracting Command - Rock Island Attention: Bryce T. Willett, Contracting Officer 3055 Rodman Avenue Rock Island, IL 61299-8000 Comm: (520) 692-9825 E-mail: bryce.t.willett.civ@army.mil

Each Task Order will appoint a Contracting Officer’s Representative (COR) to act as the KO’s authorized representative to assist in administering a contract. The source and authority for a COR is the KO. COR limitations are contained in the written letter of appointment. Namely, the COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the Contractor deems may affect contract, price, terms, or conditions will be referred to the KO for action.

The Government reserves the right to determine the limitations of this BOA at any time to meet mission requirements or the demands of the DoD. The awards under this BOA will be competed in a fair environment to businesses with the 8(a) Small Business Designation. The 8(a) must be certified by the Small Business Administration (SBA).

In general, excessed or unwanted radioactive material becomes waste when the waste shipper (broker) arrives at the generator’s location to begin contracted activities, unless otherwise specified by accumulation labels on containers for other hazards. All waste under this BOA will either contain source, special nuclear, or byproduct material that is acceptable for disposal in a land disposal facility, in accordance with the U.S. Nuclear Regulatory Commission (NRC) regulations (e.g., Sections 61.2, 20.1003 and 20.2008 of Title 10, Code of Federal Regulations (CFR)). If waste is not acceptable for disposal in a land burial facility, it will be noted in the Task Order. Waste may also include low-level mixed waste (LLMW), naturally occurring radioactive material waste (NORM), and naturally occurring and accelerator-produced radioactive material waste (NARM). It does not include:

1. Waste resulting from activities falling under Sections 2121 and 2140 of Title 42, United States Code (U.S.C.) (also known as the “Atomic Energy Act of 1954”). These activities include, but are not limited to, waste:

a. Generated by the Naval Nuclear Propulsion Program in accordance with Executive Order 12344 and Section 7158 of Title 42, U.S.C.

b. Related to nuclear weapons programs; with the exception of 91(b) waste.

c. Generated by decommissioning former Army Deactivated Nuclear Power Program facilities.

2. Decay in storage, release in effluents, disposal by release into sanitary sewage, treatment or disposal by incineration, and disposal of specific wastes in accordance with Sections 20.2002-20.2005 and 20.2108 of Title 10, CFR.

In accordance with FAR 16.505(10)(i), no protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order contract or Delivery Order contract. Subpart 33.1 includes, but is not limited to:

1. A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

2. The cancellation of the solicitation or other request.

3. An award or proposed award of a Task Order contract.

4. A termination or cancellation of an award of the contract, if written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

The Government intends to perform a comparative evaluation (comparing offers to each other) to select the contractor that is best suited and provides the best value, considering the evaluation factor(s) highlighted in a solicitation. The evaluation factor(s) for award of Task Orders against this BOA are at the Government’s discretion on a Task Order basis. If the Government intends to use a method that is different than comparative evaluation, it shall be explained in the Task Order. It will explicitly state that the Government intends to use some other method besides comparative evaluation to make its award selection.

This BOA uses Task Orders to manage the DoD’s excessed or unwanted radioactive materials (as waste). Each Task Order is an individual project, and each project is assigned to a specific tier. There are six tiers of work which vary in scope and complexity. Each tier contains language found in a Basic Performance Work Statement (PWS-B) found in Section 6.0 – Basic Performance Work Statement (PWS-B), which is the basic language and requirements that guide the contractor to perform the work and additional supplemental language specific to each tier found in Section 7.0 – Supplemental Requirements by Tier.

Task Orders awarded on this BOA are non-severable because they involve shipping waste materials. Non-severability begins when the waste is shipped from the generator’s location.

While Follow-On Task Orders for a particular site or location are not guaranteed, the Government retains the right to find those additional services to be non-severable based on its own discretion and award those Task Orders to the performing contractor if the technical risk and cost savings of the work are determined to be in the Government’s best interest (See Section 8.0. – In Scope Determination).

Modification of Task Orders are given priority to an already existing Task Order for a particular or near-by location. For instance, a customer at a particular location may accumulate more excessed or unwanted radioactive material prior to mobilization. The Government reserves the right to add inventory to an existing Task Order, rather than competing the additional inventory over again. The Government may also determine that other existing Task Orders offer regional efficiencies (travel under one mobilization or use of a single conveyance in a certain region) as a strategy for cost avoidance. The Government reserves the right to determine when these types of efficiencies exist as a reason to not compete the additional excessed or unwanted radioactive material (that will become waste materials).

Mobilization of the contractor’s personnel or equipment or supplies can be severable. The Government reserves the right to terminate a Task Order between mobilization and shipping of waste materials. The Government, and its customers, are not responsible for recovering equipment or supplies sent ahead for projects that are terminated.

Periodically, the contractor may be required to coordinate travel accompanied by Government personnel. Severability is not contingent upon completing a trip with (or without) Government personnel; it is contingent upon shipping waste materials.

In the event of termination for convenience by the Government, the contractor is authorized to present a Settlement Proposal within 30 calendar days of issuance of the letter of termination. The Settlement Proposal shall not exceed the value of the original Task Order and its modifications. The settlement window will close after 30 calendar days.

All Task Orders are firm-fixed price. Each Task Order will have an on-site period of performance date and a final period of performance date. Prices presented at the time of award are valid for the duration of both periods of performance. A delay beyond the final period of performance will be handled using determination. The COR will assert whether the project was delayed by the generator or the contractor. The KO will review and approve the COR’s position. The contractor will be issued a modification that includes the determination made by the COR as to which entity (generator or contractor) is primarily responsible for the delay. In the event of generator delay, the contractor is authorized to review their original bid and update the pricing for the revised schedule. Delays of any other sort will result in a “no cost” modification and simply terminate or extend the final period of performance. There could also be cases where the Government seeks consideration in these instances. Also, project delays will result in unsatisfactory or marginal performance on the contractor’s Contractor Performance Assessment Reporting System (CPARS). The contractor is not able to protest the COR’s determination related to delays in project schedule.

The contractor shall not take direction from the inventory holders or generators. Only the KO can make commitments on behalf of the Government. Contractors will assume risk for carrying out commitments made with any other entity than the KO. However, the DODLA can give approval for discussions with inventory holders or generators on a case-by-case basis to determine potential courses of action to address anything that is not currently covered in the Task Order.

If the contractor is supplied Government-furnished equipment (predominately loading equipment) or manpower, the contractor maintains full responsibility of safe loading, shipment, and disposal of the waste. It is the contractor’s responsibility to coordinate, and direct, the entity providing the additional equipment or manpower.

2.0. PERFORMANCE WORK STATEMENT OVERVIEW

Project-specific details (a requirements package) will be issued to the contractor as a Task Order Performance Work Statement (PWS), hereafter referred to as an Addendum Performance Work Statement (PWS-A). The contractor shall adhere to the PWS-B, Supplemental Requirements by Tier, and the PWS-A (for the specific project). Participants in this BOA acknowledge that all work shall be performed in accordance with these documents, however, should a contradiction appear between this document (PWS-B) and the Addendum PWS (PWS-A) then precedence of the imperatives will be given to the PWS-A level.

3.0. TIERS OF THIS CONTRACT

The PWS-B describes the general scope of the administrative requirements, equipment, and manpower requirements. PWS-A’s, in general, require labor, travel, surveys, sampling, identification, packaging, rental, consumables, transportation, processing, disposal, permits, and subcontracts to dispose of excessed or unwanted radioactive materials (as waste) which may be defined as mixed waste with hazardous materials. There are six tiers of work that vary in complexity. The functions for a specific tier in Section 7.0. – Supplemental Requirements by Tier must be completed in addition to the PWS-B. Implementation of the supplemental requirements by tier is a principle of propagation, where the PWS-B and the supplemental requirements, of the specific tier, are combined. This is only applicable for the first four tiers of work. A description is included:

TIER 1 (T1) - Low-Level Radioactive Waste (Minimum Requirement)

Pack, ship, and dispose of licensed and non-licensed radioactive materials.

TIER 2 (T2) - Low-Level Mixed Waste

Pack, ship, and dispose of licensed and non-licensed radioactive materials also characterized as hazardous waste.

TIER 3 (T3) - Decommissioning Support

Planning, conducting, evaluation, and documenting building surface and surface soil final status radiological surveys for demonstrating compliance with dose or risk-based regulations or standards.

TIER 4 (T4) - Site Disposal Operations

Long-term mobilization of personnel and equipment to support remediation projects with characterization, packing, shipping, and disposal of unwanted radioactive materials.

TIER 5 (T5) – Technical Radiation Protection - Not Otherwise Specified

Any requirement for the program related to the safe, compliant, and cost-effective management and handling of the DoD’s radioactive materials.

TIER 6 (T6) – Emergent Response

Incidents outside of normal operations involving radioactive materials that will become waste or support for the Army Contaminated Equipment Retrograde Team (A.C.E.R.T.).

4.0. HOW TO PARTICIPATE IN THIS BOA

Any Small Business Administration-certified 8(a) contractor that would like to receive awards under this BOA must provide qualifications to be considered for T1 work:

1. Evidence that the company employs a waste shipper (broker) via broker qualifications **

2. Evidence that the company holds a Federal or Agreement State radioactive material license

** Broker qualification requirements and radioactive material license conditions are described in Addendum 1:

** The Government does not dictate who the contractor hires for brokerage. However, the broker must be employed by the company. The contractor’s business dealings with individuals for market advantages are between the individual and the company and any discrepancies in pricing are considered risks that must be analyzed and mitigated by the contractor as they see fit. Regardless, all brokers must be approved annually by DODLA in writing prior to performance of work. Upon submission of qualifications, the DODLA will issue a memorandum either approving or declining the broker.

** If the broker becomes no longer employed with the company, then inform the DODLA within 5 business days of termination/exit. Failure to do so could result in off-ramping from this BOA. See Section 5.3 – Removal and Section 5.4 – Off-Ramping.

To be considered for T2 through T6, the Small Business Administration-certified 8(a) contractor may also submit:

1. Evidence that the company employs a senior broker (waste shipper) via broker qualifications

2. Evidence of past performance of supporting radioactive decontamination and decommissioning projects (i.e. Final Status Survey Plan or Final Status Survey Report)

3. Evidence of the company small business status, such as Alaska Native corporations, Community Development Corporations, Indian tribes, and Native Hawaiian organizations, etc.

All companies should submit the maximum amount of support practical, and the Government will make the final determination on the highest tier of work to be they may perform on this BOA. All determinations are final without the option to protest. The contractor is responsible for updating their broker’s qualifications and experience through-out the duration of this working relationship using the processes described in Section 5.2 – On-Ramping of this BOA. The DODLA will send a Memorandum for Record (MFR) showcased in Addendum 2 qualifying their broker. This letter will give them the authority to direct the preparation of shipments of the Government’s unwanted radioactive materials on the Government’s behalf and sign shipping documentation, profile sheets, permit applications, and other paperwork as necessary to meet regulatory requirements for Federal, State, regional compacts, local, and other criteria. (However, it does not allow brokers to sign the Environmental Protection Agency’s (EPA) uniform hazardous waste manifests):

Small Business Administration-certified 8(a) may also submit a statement of qualifications or cover letter certifies that they can:

· Travel to military installations and defense sites worldwide

· Adhere to the project schedules established by the Government

· Prepare and maintain shipping records

· Track waste through disposal and readily report on its status and location

· Prepare waste profiles and maintain disposal records

· Share documents securely with Government customers

· Invoice for payment using Government systems

· Maintain communications with the Government

The tiers of work, and qualifications for those tiers of work, are in Addendum 3. T1 and T6 share the same base level of qualifications. However, the Government retains the right to select the tier that best fits the complexity of the project. The remaining five tiers start with the most simple and increase in complexity:

Task Orders must be fully invoiced within 365 calendar days, or 52 weeks, of award. FIGURE 1 is an example of the maximum duration and key points that T1 work should be completed. The timeline is only to be used as a guide:

Waste Ships

FIGURE 1

5.0. THE APPROVAL AND REMOVAL PROCESS

5.1. TECHNICAL APPROVAL. Interested contractors shall submit their qualifications via email at any time to the following mailbox:

usarmy.ria.jmc.mbx.amsjm-sfr@army.mil

The subject line shall include the capital letter words “FOR CONSIDERATION” to be valid.

The DODLA will confirm receipt of a valid email submission within seven (7) calendar days. Technical approvals for these submissions will occur at the Government’s discretion, but no fewer than one time per year. This minimal annual review and approval shall occur between 1 November through 30 November each year. However, the Government may review a contractor’s qualifications submission at any time. For an interested contractor to ensure their submission is reviewed within a calendar year’s 1 November through 30 November review period, qualifications should be submitted no later than 30 September of that calendar year. Any qualifications submitted after this date may not be reviewed until the following calendar year’s review period of 1 November through 30 November.

The outcome of the above-mentioned review will result in either an official “Technical Approval” or a “Technical Rejection” for the contractor’s ability to continue to pursue participation in this BOA; to include the tiers in which proposals on future work will be accepted by the Government. The Government reserves the right to decide which contractors may participate in the BOA and the Tiers of work they qualify for. All determinations are final for the calendar year’s review period. There are no protests in accordance with FAR 16.505(10)(i), and Subpart 33.1.

Technical Approval does not ensure acceptance into the BOA. Technical Approval does, however, allow the contractor to enter the On-Ramping Process with ACC-RI, outlined in Section 5.2 – On-Ramping of this BOA. An example of this Technical Approval Letter is enclosed in Addendum 4:

5.2. ON-RAMPING. The Government reserves the right to decide which contractors, and what tiers of work, may participate in this BOA. All determinations are final. There are no protests in accordance with FAR 16.505(10)(i), no protest under subpart 33.1.

i. PROMOTION TO HIGHER WORK. The contractor is responsible for notifying the DODLA when their broker has achieved the qualifications for senior broker. It is not the Government’s responsibility to track the level of experience of a particular employee. The contractor shall submit the promotion following the instructions in 5.1. – Technical Approval.

5.3. REASONS FOR REMOVAL. Participating contractors may be removed from this BOA for marginal or unsatisfactory CPARS. However, timely response to Corrective Actions Reports (CARs) can remedy removal from this BOA in these instances. Other reasons for removal may include, but are not limited to breach, mutual consent, evidence of waste, evidence of fraud, inactivity, trafficking in persons, unlawful acts, criminal sanctions, or notice of violations related to regulatory compliance. The contractor will be notified in written communication that they have been removed from this BOA and its implementation will be effective immediately upon transmittal.

5.4. PERFORMANCE REQUIREMENTS SUMMARY. These are the three most important performance objectives and are the minimum requirements to perform at the “Satisfactory level” on a performance evaluation. This section is intended to summarize and highlight each performance objective. These objectives are what the DODLA deems as the acceptable level to sustain participation in the contract awards process associated with this BOA. Each Task Order will have its own Quality Assurance and Surveillance Plan (QASP) to address other project-specific technical elements for each effort. The QASP is not provided to the contractor.

The table below focuses on standards of project management because the requirements of this BOA are all similar in nature.

Each Task Order requires the contractor to schedule, deliver, and invoice to complete the project. The COR will evaluate the contractor in the Contractor Performance Assessment Reporting System (CPARS) in these areas. However, they may also inspect other areas, as they determine necessary. Here are the three most important performance objectives:

PERFORMANCE OBJECTIVE

STANDARD

PERFORMANCE THRESHOLD

ACCEPTABLE QUALITY LEVEL

METHOD OF SURVEILLANCE

PWS-B, Para 9. SCHEDULE

Contractor shall schedule the work with the COR within 28 calendar days of Task Order award.

Zero Deviation from the Standard.

Random Sampling.

PWS-B, Para 18. INVOICES

Contractor shall submit invoices in accordance with Sections i-vi.

Greater than 85%.

Random Sampling.

PWS-B, Para 21. REPORTS AND DELIVERABLES

Contractor shall submit reports and deliverables in accordance with the PWS-B and the Supplemental Requirements by Tier.

Zero Deviation from the Standard.

Random Sampling.

5.5. COMPLAINTS. Should the contractor feel they are unfairly evaluated against this criterion and no longer receive awards based on any evaluation prepared by the Government, the contractor may submit a complaint by email to the KO requesting continued participation in this contract. The complaint must include formal position of why the evaluation prepared by the Government does not fairly address their performance. Complaints must be submitted within 30 calendar days of receipt of the unfavorable CPARS. The KO reserves the right to make a final decision on the contractor’s level of performance. The complaint window will close after 30 calendar days.

5.6. OFF-RAMPING. The Government reserves the right to off-ramp contractors at any time from this BOA. All determinations are final. There are no protests in accordance with FAR 16.505(10)(i), no protest under subpart 33.1.

Basic Performance Work Statement (PWS-B)

6.0. TECHNICAL PERFORMANCE REQUIREMENTS

The requirements below must be met to perform LLRW disposal Task Orders, also described as T1:

6.1. SAFETY AND LICENSING. Contractor shall possess a Nuclear Regulatory Commission (NRC) or Agreement State radioactive materials license with a safety plan that includes health physics support, hazardous and radiological laboratory support, dosimetry, personnel protective equipment and clothing, hazardous constituents, and radiation monitoring equipment. (The license shall have Authorized Use conditions for receipt, storage, and use incidental to characterization and transportation of waste. It must also have jurisdiction procedures for job sites in Agreement States not under exclusive Federal jurisdiction. The same jurisdiction procedures are required for Agreement State Licenses in implementing the license under exclusive Federal Jurisdiction; when this is not possible, the contractor shall apply otherwise apply for an NRC License.)

6.2. WASTE SHIPPER. Contractor shall employ a person, not necessarily a Health Physicist, trained, educated and/or experienced in the shipping of low-level radioactive waste. (This person is commonly referred to as a “broker”.) The broker can prepare and sign all shipping papers, profiles, and manifests for the Government, except for EPA uniform hazardous waste manifests.

6.3. RADIATION DETECTORS. Contractor shall have access to radiation detectors. (Equipment must be in serviceable condition and calibrated in accordance with manufacturers’ instructions and timetable.)

i. SURVEYS. Contractor shall conduct surveys to determine radiation levels and removable contamination on package(s).

ii. RADIONUCLIDE IDENTIFICATION. Contractor shall identify radionuclides and activities or concentrations of radioactive material.

6.4. COMMUNICATIONS. Contractor shall coordinate all aspects related to this contract through the contracting officer (KO). (The KO ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship.)

i. TECHNICAL OVERSIGHT. Contractor shall include the Contracting Officer’s Representative on all communications related to this contract from the date award through close-out. (CORs are responsible for technical administration of the project and ensure proper Government surveillance of the Contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the Contractor deems may affect contract, price, terms, or conditions will be referred to the KO for action. Contractors can speak to inventory holders or generators with COR’s written approval.)

ii. PROJECT NUMBER. Each project holds a unique identification number. Contractor shall include the project number on all correspondence and all deliverables supplied by the contractor for the duration of the project.

6.5. INVENTORY AND CHARACTERIZATION. Reserved. This section of the PWS-B is reserved as all inputs will be found in the corresponding PWS-A.

6.6. COST PROPOSALS. Contractor shall respond to a Request for Proposal (RFP) with a document showing the cost, cost elements, and other units related labor, travel, consumables, equipment, rentals, transportation/shipping, processing, disposal, permits, other expenses, and subcontracts. The cost proposal shall be prepared using Addendum 5:

i. SUBCONTRACTS. If the contractor needs to subcontract certain elements of the project, the contractor’s cost proposal shall break out all costs, to include all subcontracted costs. (This information not only informs the COR of actual cost for processing, disposal, etc., but it allows the contractor to incrementally invoice for periodic progress of this project rather than having to wait for project completion prior to invoicing. This information also allows the COR to provide accurate feedback to the customer. Include a brief explanation in accordance with Section 6.18.ii – Format.)

ii. FIFTY-ONE PERCENT. Contractor shall submit a cost proposal showing that most of the labor costs are being performed by the 8(a) contractor who is preparing the proposal. To be considered an 8(a) contractor, the company must perform at a minimum 51% of the labor costs so that subcontracted labor costs do not exceed 49% of the Task Order. Any subcontracted labor costs planned for this requirement must be approved by the Government before award.

6.7. TECHNICAL PROPOSALS. Contractor shall respond to RFPs with a document describing the technical approach. The technical proposal shall be prepared using Addendum 6:

6.8. TRAVEL. Contractor shall travel to various Government or commercial sites in the Continental United States (CONUS) and sites Outside the Continental United States (OCONUS).

i. SITE ACCESS. Contractor shall coordinate on-site schedules and site access for themselves and their subcontractors with the site points of contact (POCs) supplied in the contract prior to travel (Upon the award of the contract, other site POCs information will be given to the contractor. Typically, this is 30 calendar days before mobilization) Contractor shall provide the following information:

1. Date and time of arrival at the site.

2. Number and names of contractor personnel.

3. Reason for visit.

4. Length of stay.

5. Any special instructions required for performance of the project, etc.

ii. ESCORT. Contractor shall anticipate no escort for themselves or drivers onto military or contractor-operated Government installations and facilities. (For contractor personnel that do not have a Common Access Card (CAC), coordinate with the site POC for base access procedures prior to travel.)

iii. DEFENSE TRAVEL REGULATIONS. Contractor shall follow the requirements of the Defense Travel Regulations, including providing the required level of receipt for cost-reimbursable items. (The DODLA reserves the right to reject invoices for unauthorized expenses.)

6.9. SCHEDULE. Contractor shall schedule the work with the COR within 28 calendar days of Task Order award. (Failure to do so could result in off-ramping from this BOA. See Section 5.3 – Removal and Section 5.4 – Off-Ramping.)

6.10. PACKAGING. Contractor shall know domestic, international, DoD and commercial facilities LLRW laws, regulations, and procedures for the inspection, storage, handling, packaging, transportation, processing/treatment, disposal, and licensee/permittee acceptance of the waste materials. (Contractor may be required to package waste/materials and/or inspect previously packaged wastes/materials to verify contents and ensure proper regulatory compliance and packaging requirements are met.)

6.11. SHIPPING. Contractor shall prepare and load packaged waste in accordance with domestic and federal, including Nuclear Regulatory Commission (NRC), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), International Air Transport Association (IATA), International Maritime Dangerous Goods Code (IMDG) when shipping by vessel, DoD, disposal facility and other receiving facility laws, regulations, and criteria for transportation CONUS and OCONUS, to include correct preparation of all shipping papers and manifests.

6.12. TASKS. Contractor shall complete basic packing and shipping functions:

i. DOCUMENTATION. Contractor shall complete all documentation required by the recycling, processing, treatment, and/or disposal facilities.

ii. COORDINATION. Contractor shall coordinate with recycling, processing, treatment, and/or disposal facilities for shipping and receiving dates and times.

iii. LOADING PLAN. Contractor shall develop a loading plan and arrange an appropriate shipping method for the inventory.

iv. INSPECTION. Contractor shall visually inspect the excessed and unwanted radioactive material and verify inventory.

v. REPACKAGING. Contractor shall package or repackage waste.

vi. LABELING AND MARKING. Contractor shall appropriately label or mark packages in accordance with Title 10 and 49 CFR and other federal, state, and local regulations.

vii. SHIPPING PAPERS. Contractor shall prepare shipping papers in accordance with Title 10 and 49 CFR and other federal, state, and local regulations.

viii. BLOCKING AND BRACING. Contractor shall load, block, and brace packages for shipment.

ix. PACKAGE INVENTORY AND SURVEY DOCUMENTS. Contractor shall document all final package inventories, surveys and samples performed of packages, including any photographs taken of inventory, or packages, for purposes of tracking the items to their interim and final destinations.

6.13. TRANSPORTATION. Contractor shall propose the most cost-effective transportation method(s) for the inventory. (The proposed carriers shall be approved to carry hazardous materials.)

i. REGULATIONS. Contractor shall prepare and make the shipments in accordance with Title 10 and Title 49 regulations.

ii. OFFEROR. Contractor shall use an approved broker to make all shipments of hazardous materials (and have current Title 29 CFR 1910.120 which is 40 hours initial with an annual 8-hour refresher).

iii. DURATION. Contractor shall ensure waste delivery meets the timeline provided in the PWS-A.

iv. STATEMENT OF LIABILITY. Contractor shall sign shipping paperwork, whether waste manifest or commercial bill of lading, with a valid signature next to the appropriate statement of liability required by law.

v. CARRIER CHANGES. Contractor shall immediately notify the COR in writing about any changes related to the transportation or conveyance method that was technically accepted. (The DODLA does not authorize contractors to change transporters mid-shipment or utilize a single carrier for multiple efforts, unless otherwise specified and accepted in advance. Carriers are not authorized for storage of unwanted radioactive material and are strictly used for movement to an intended destination.)

6.14. DISPOSAL. Contractor shall propose the most safe, compliant, and cost-effective recycling, processing, and/or disposal facility for the inventory. (The contractor shall develop and enclose a roadmap for each line of the inventory with a final destination and include it within the technical proposal.)

i. VARIATIONS. Contractor shall immediately notify the COR in writing if the disposal roadmap changes. Any changes after award to the final destinations within the proposal must be approved, in writing, by the KO and the COR prior to execution.

ii. DIRECT DISPOSAL. Contractor shall, when able, present direct permanent disposal. (i.e. shipments directly to a disposal facility without use of a processor.)

iii. PROCESSING OR TREATMENT. Contractor shall ensure processing and/or treatment of wastes does not exceed 270 calendar days from the date of drop-off at the processor. (The Government considers processing and treatment essential steps in the disposal progression. Therefore, the contractor must propose an expedited schedule to meet DoD objectives. Failure to meet this deadline may result in a notation on CPARS and/or financial considerations.)

iv. AUTHORITY. The DODLA reserves the right to make final determinations for disposal. Contractor shall adhere to the DODLA’s determinations for disposal.

v. STATEMENT OF LIABILITY. Contractor shall certify that the materials are properly classified, described, packaged, marked and/or labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation, the Nuclear Regulatory Commission, and equivalent state regulations. (For materials that are consigned on a manifest to a land disposal facility or waste collector, contractors must certify that the materials are classified per the applicable requirements of 10 CFR Part 61, meet the land disposal facility's WAC, and are in proper condition for disposal as described in accordance with the applicable requirements of 10 CFR Parts 20 and 61, or equivalent state regulations.)

6.15. REGULATORY COMPLIANCE. Contractor shall comply with DoD, Federal, State, and local laws and regulations when performing project tasks.

i. FINES. Contractor shall assume fiscal responsibility for monetary fines levied against the DoD, from regulatory agencies, resulting from the contractor’s field activities.

ii. LICENSED RADIOACTIVE WASTE. Contractor shall dispose of licensed radioactive material at a licensed radioactive waste disposal facility. (The waste must be properly profiled and must meet the Waste Acceptance Criteria (WAC) for the chosen disposal facilities.)

iii. PERMITS AND AUTHORIZATIONS. Contractor shall acquire all permits and authorizations required for the field work prior to executing it. (See Section 6.19. Permits and Section 6.20. Authorizations.)

6.16. MATERIALS, EQUIPMENT, AND SUPPLIES. Contractor shall supply all services, equipment, materials and supplies necessary to complete the PWS-B, unless otherwise specified.

6.17. CONTRACTOR PERSONNEL. Contractor shall supply all personnel to complete the PWS-B, unless otherwise specified. (Contractor hours may be periodically surveilled. Any labor hours, and labor categories, will be scrutinized if the Government surveillance perceives discrepancies from the technically accepted proposal. This is considered fraud, which is a reason for removal from this BOA in Section 5.3. – Reasons for Removal.)

6.18. INVOICES. Upon completion of the work requirements, contractor shall provide invoice(s) to the COR for approval.

i. WORK PERFORMED. Contractor shall invoice only for work performed.

ii. FORMAT. Contractor shall state on the invoice the Project Number and a brief explanation of the work performed within dates specified for the performance. (Failure to provide this will result in non-payment of the invoice(s) until revision is made. All invoices shall be submitted electronically through Wide-Area Work Flow (WAWF) – see Clause 252.232-7006 in the Contract for procedures. For any invoice that includes transportation or recycle, processing, and/or disposal charges, the contractor shall include shipping papers showing receipt of the material and certificates of disposal, as appropriate. The contractor shall include a statement within or on these invoices certifying that they have distributed the shipping papers and/or disposal certificates to the generating customer.)

iii. PROPRIETOR. Contractor shall submit invoices with the employer (prime contractor’s name) on the invoice. (The DODLA will reject invoices with subcontractor’s name and all statements submitted by individual employees.)

iv. NOTIFICATION. Contractor shall ensure the COR is immediately notified in writing that an invoice has been submitted for inspection and acceptance. (The desired method of notification is an email to the COR with the required supporting documents attached.)

v. INVOICE PERIOD. Contractor shall invoice within 30 calendar days of the issuance of the final deliverables.

vi. RECEIPTS. Contractor shall only include receipts for authorized expenses. (When possible, the contractor shall provide an itemized list of expenses with supporting receipts. Official Receipts must be dated and meet all Defense Travel Regulations. Itemization of official receipts shall be presented on a document with official company letterhead – See Section 6.18.iii - Proprietor.)

6.19. PERMITS. Contractor shall obtain required permits from the Federal, State, or municipal agencies at least 30 calendar days prior to mobilization, as required.

i. WASTE COMPACT RULES. Contractor shall follow all low-level radioactive waste interstate compact rules. (It is the contractor’s responsibility to know which compact they are performing work in and adhere to all rules.)

ii. SYNCHRONIZATION. Contractor shall ensure that all shipments conform to the rules, regulations, and requirements of the State/Compacts. (The contractor must make sure that the designated Permit POC and the COR are informed. This does not absolve the contractor form their sole responsibility in adhering to the permit and its required conditions.)

iii. CIVIL PENALTIES. Contractor shall settle any civil penalties between State/Compact and the generator. (Any civil penalty issued by the compacts related to this PWS-B will be settled between the State/Compact and the contractor. The contractor shall obtain export permits, export authorizations, waste tracking permits, and disposal permits for this PWS-B.)

iv. ADHERANCE. Contractor shall adhere to all terms, timelines, and conditions of the permits. (The contractor is responsible for obtaining the permit and completing all required conditions required by the export permits, export authorizations, waste tracking permits, and disposal permits.)

v. APPLICATIONS, NOTIFICATIONS, AND REPORTS. Contractor shall make necessary notification(s) to the States/Compacts. (The contractor shall complete all actions required to maintain compliance, to include, but not limited to, create applications, sign applications, submit applications, amend applications, extend applications before expiration, submit notifications of export, submit interim disposal reports, submit progress reports, submit notification of disposal, and any other related reporting requirements not otherwise specified.)

vi. PAYMENTS. Contractor shall propose the required fees for permits and submit payments for all permits.

vii. SIGNATORY. To acquire a generator’s signature on the Government’s behalf, contractor shall coordinate with designated Permit POC.

viii. CORRESPONDENCE. Contractor shall include the Permit POC and the COR on all correspondence concerning the export permits obtained, export authorizations, waste tracking permits, and disposal permits.

ix. OTHER DISPOSAL PERMITS. Contractor shall request, at least 30 calendar days prior to mobilization, the site use permit(s) for Republic Services-Richland from the Permit POC and the COR, when required. (The DODLA maintains Low-Level, NARM and Exempt Waste site-use permits. They are available for use for any approved wastes profiles at Republic Services-Richland. The site-use permits are issued by the State of Washington Department of Health. These permits are acquired annually from the State of Washington Department of Health and expire so they must be verified for availability.

x. OTHER TRANSPORTATION PERMITS. Contractor shall request, at least 30 calendar days prior to mobilization, the transportation permit for the State of Mississippi from the Permit POC and the COR, when required. (The DODLA maintains transportation permits for each branch. They are available when waste is transported into, through, or out of the State of Mississippi.)

6.20. AUTHORIZATIONS. Contractor shall obtain authorizations from the DoD, Federal, State, or municipal agencies, as required.

i. MORRIS CONSOLIDATION FACILITY. Contractor shall coordinate at least 30 calendar days prior to mobilization, a request for authorization for materials to be sent to the Morris Consolidation Facility (MCF). (Coordinate obtaining authorizations with the COR.)

1. The MCF can take many different items. However, it predominately takes licensed tritium devices and generally licensed chemical/explosive detection equipment for transfer or recycle.

2. The COR and the facility’s Radiation Safety Officer (RSO) reserve the right to determine which items are acceptable for delivery to the MCF.)

ii. AIR FORCE RADIOACTIVE RECYCLE AND DISPOSAL. Contractor shall coordinate at least 30 calendar days prior to mobilization, a request for authorization for materials to be sent to the consolidation facility at Wright-Patterson Air Force Base (WPAFB). (Coordinate obtaining authorizations with the COR.)

1. WPAFB generally accepts static eliminators, tritium exit signs, compasses, gun sights, and watches with radioluminescent parts.

2. The COR and the Air Force liaison reserve the right to determine which items are acceptable for delivery to WPAFB.

6.21. REPORTS AND DELIVERABLES. Contractor shall prepare reports, and other possessions, and deliver them to the Government.

i. DAILY REPORTS. For any day that the contractor is on-site, contractor shall develop and submit an electronic daily report that summarizes weather, site conditions, work performed, work planned, personnel assigned, equipment utilization, and challenges. Injuries or illnesses will also be summarized in the report. (The report shall be provided within one business day of completion.)

ii. MONTHLY REPORTS. On the first of each month, contractor shall develop and submit an electronic monthly report using Addendum 7:

iii. FINAL REPORTS. Upon issuance of the final invoice, contractor shall develop and submit an annual report using Addendum 8:

iv. PROPERTY RIGHTS. Contractor shall release reports as Government property upon issuance. (All contractor-prepared documents and drafts, developed as part of this PWS-B, shall become the property of the U.S. Government. The Government reserves the right to distribute and reproduce all or part of the documents without restriction.)

v. SHIPPING PAPERS. Contractor shall provide all shipping papers used to offer waste for transportation with acknowledgement of receipt and acceptance by the transportation contractor for each shipment from the installation, within 10 business days of acceptance.

vi. MANIFESTS. Contractor shall, when applicable, provide all manifests with acknowledgement of receipt and acceptance by processing or disposal facility(s) for each shipment from the installation, within 10 business days of acceptance.

vii. CERTIFICATES OF DISPOSAL. Contractor shall provide, from each waste disposal facility, a copy of the Certificate(s) of Disposal (CODs) for each waste shipment within 30 calendar days after the date of disposal.

viii. TRANSFER PAPERWORK. Contractor shall, when applicable, provide receipt of material transferred to a specific licensee within 30 calendar days of acceptance.

6.22. OZONE-DEPLETING SUBSTANCES. In accordance with the National Defense Appropriations Act (NDAA), the contractor, in performing all Task Orders as a PWS-B, shall in no way construe the Government’s direction as supporting, suggesting, or directing the use of ozone-depleting substances. Contractor shall specifically bid on all proposals and perform all contractual efforts in compliance with this Act.

6.23. – 6.30. Reserved.

7.0. SUPPLEMENTAL REQUIREMENTS BY TIER

The functions below must be completed in addition to the PWS-B, when stated. Implementation of the supplemental requirements by tier is a principle of propagation, where the PWS-B and the supplemental requirements, of the specific tier, are combined. This is only applicable for the first four tiers of work. For instance:

· T1 requires the language in the PWS-B, Section 7.1 – Low-Level Radioactive Waste, and the PWS-A.

· T2 requires the language in the PWS-B, Section 7.1 – Low-Level Radioactive Waste, Section 7.2 – Low-Level Mixed Waste, and the PWS-A.

· T3 requires the language in the PWS-B, Section 7.1 – Low-Level Radioactive Waste, Section 7.2 – Low-Level Mixed Waste, Section 7.3 – Decontamination & Decommissioning, and the PWS-A.

· T4 requires the language in the PWS-B, Section 7.1 – Low-Level Radioactive Waste, Section 7.2 – Low-Level Mixed Waste, Section 7.3 – Decommissioning Support, Section 7.4 – Site Disposal Operations, and the PWS-A.

The contractor shall adhere to the PWS-B (for the designated tier) and the PWS-A (for the specific project). Participants in this BOA acknowledge that all work shall be performed in accordance with these documents, however, should a contradiction appear between this document (PWS-B) and the PWS-A then precedence of the imperatives will be given to the PWS-A level.

T5 and T6 shall also adhere to the PWS-B and the PWS-A, unless otherwise specified. We expect these requirements to be outside of “normal operations” but are considered integral to the veracity of the overall program.

Areas that are reserved for the remainder of this document default to the corresponding section of the PWS-B.

7.1. TIER 1 - LOW-LEVEL RADIOACTIVE WASTE

Reserved. Requirements for T1 are outlined in the PWS-B. This area is reserved for additional requirements or revisions, as they become known.

7.2. TIER 2 - LOW-LEVEL MIXED WASTE

In addition to the PWS-B and Section 7.1 – Low-Level Radioactive Waste, the functions below must be met to perform LLMW disposal Task Orders, described as T2:

7.2.1. Reserved.

7.2.2. WASTE SHIPPER. Contractor shall employ a person (not necessarily a Health Physicist) trained, educated and/or with a minimum of 5 years of experience in the shipping of radioactive materials and waste, mixed wastes and hazardous materials or other wastes.

7.2.3. – 7.2.7. Reserved.

7.2.8. TRAVEL. Contractor shall prioritize travel for LLMW projects due to regulatory waste accumulation schedules.

7.2.9. SCHEDULE. Contractor shall adhere to all waste accumulation…