Sol_DOIAFBO180003.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

AAZ

Coolidge AZ 85128

13805 NORTH ARIZONA BOULEVARD

Contracting Office

DOI, BIA SAN CARLOS IRRIGATION

0009061891 CODE 16. ADMINISTERED BYCODE

X

562112

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORA11

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/10/2018 1400 PS

06/26/2018

520-723-6208Randall Brown (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

DOIAFBO180003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 35 0040399804OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

COOLIDGE AZ 85128

13805 NORTH ARIZONA BOULEVARD

BIA SCIP POWER

15. DELIVER TO

Phoenix AZ 85004

SUITE 400 MAILROOM

Contracting Office

2600 N CENTRAL AVENUE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$38.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BIA WRO 00011

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a request for information/sources sought notice only. The San Carlos Irrigation Project (SCIP) is requesting Native-owned vendors under the Buy Indian Act and Department of the Interior (DIAR) Part 1480. Potential offerors are requested to provide a capabilities statement indicating ability to provide services as shown on the attached statement of work. Also provide relevant qualifications and experience in providing hazardous waste removal. Indicate compliance with all local, State, and Federal

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Renee Holly

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

laws.

NAICS code applicable to this requirement is

562112 Hazardous Waste Collection with a $38.5 million/year size standard.

Description: SCIP IDIQ request for Environmental

Waste Management Services: Cyclic Hazardous

Materials, Handling, Disposal and Res ponse

Services. When awarded contract will be for base year plus 4 optional years. COR: Michael

Miller, 520.723.6260, michael.miller@bia.gov POC:

Brice Peterson, V: 520.723.6240, C: 520.560.2835

CO: Randall Brown, 520.723.6208, randall.brown@bia.gov Attachment: 1) Statement of Work. SCIP intends to award an indefinite-quantity, indefinite-delivery contract(s) for up to 5 years. Periods of performance will be base year plus 4 option years, to be exercised at discretion of the

Government.

Statement of work is attached.

Legacy Doc #: IA

Delivery: 07/19/2019

00010 Environmental Waste Management Svcs

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

35 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

DOIAFBO180003

Period of Performance: 07/20/2018 to 07/19/2019

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

US Bureau of Indian Affairs, Western Regional Office

Hazardous Materials Handling, Disposal, and Response Services BIA Indefinite Delivery Indefinite Quantity (IDIQ) Request for Bid

Division of Environmental and Cultural Resources Management Program 4-19-2018

Table of Contents

1. Introduction. ............................................................................................................................ - 1 -

2. Description/ of Services and Deliverables. ............................................................................. - 3 -

3. Specifications. ........................................................................................................................ - 13 -

4. Program Management. .......................................................................................................... - 14 -

5. Cleanup of Hazardous Substance Spills Caused by the Contractor and Notification of Authorities. ................................................................................................................................ - 17 -

6. General Information. ............................................................................................................. - 17 -

7. Federal Statutes and Regulations. ......................................................................................... - 20 -

8. COMMUNICATIONS ............................................................................................................... - 21 -

9. FIRE DANGER SEASON ........................................................................................................... - 22 -

10. PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA ............................................ - 22 -

11. FEDERAL HOLIDAYS ............................................................................................................. - 22 -

12. TASK ORDER PROCEDURES AND PROPOSALS ..................................................................... - 23 -

13. INDEMNIFICATION. .............................................................................................................. - 23 -

14. OTHER CONTRACTS .............................................................................................................. - 24 -

15. WORKING FILES .................................................................................................................... - 24 -

16. CONSULTANTS SERVICES AND CONSENT ............................................................................. - 24 -

17. FABRICATION OR ACQUISITION OF NONEXPENDABLE PROPERTY ...................................... - 25 -

18. EXPERT TESTIMONY ............................................................................................................. - 25 -

19. FUTURE EXPERT CONSULTING SERVICES ............................................................................. - 25 -

20. GOVERNMENT RIGHTS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,

COMPENSATION, AND LIABILITY ACT (CERCLA) AS AMENDED BY SUPERFUND AMENDMENTS

AND REAUTHORIZATION ACT (SARA) ........................................................................................ - 25 -

21. RETENTION AND AVAILABILITY OF CONTRACTOR FILES ...................................................... - 26 -

22. HEALTH AND SAFETY ............................................................................................................ - 27 -

23. CONTRACTOR'S LIABILITY FOR HAZARDOUS MATERIAL INCIDENTS ................................... - 27 -

24. CONTRACTOR'S LIABILITY FOR TRANSPORTING HAZARDOUS MATERIALS, WASTES AND

OTHER ITEMS ............................................................................................................................. - 27 -

25. SURCHARGES........................................................................................................................ - 27 -

26. LIMITATION OF FUTURE CONTRACTING .............................................................................. - 28 -

27. MANDATORY INSURANCE COVERAGE ................................................................................. - 29 -

28. SAFETY AND QUALITY CONTROL PLAN ................................................................................ - 29 -

- 1 -

1. Introduction.

This statement of work (SOW) contains requirements for assistance to the Bureau of Indian Affairs (BIA) Western, Navajo and Southwest Regional Offices. Extensive travel and site work on Indian lands in the Southwestern states of Arizona, California, Colorado, Nevada, New Mexico, and Utah, which shall be performed by the Contractor on an individual, per-job basis through modification of this Indefinite Delivery Indefinite Quantity (IDIQ) contract, via Task Orders.

Work shall comply with Federal and Tribal environmental laws and regulations to protect human health and safety, and the environment (see Section 7, for federal requirements).

The scope of this requirement is to provide BIA with technical assistance that may include examination and verification of sites on BIA managed lands where a hazardous substance release has occurred or is suspected; removal, remedial, corrective, and disposal actions associated with a site where a hazardous substance release is identified or suspected; and assistance with pollution prevention, waste minimization, hazardous materials inventory and waste stream management and disposal.

1.1. The contractor may or may not be asked for assistance on such actions or may be asked to complete an action without assistance. At times, services of other BIA contractors may be utilized. These contractors shall perform services as Technical assistance, preliminary inspections, site inspections, etc. Past response actions have included disposal of accumulated hazardous materials, emergency response removals, time-critical removal actions, non-time critical removal actions, remedial actions, monitoring, planned removal at dumps, wire-bum sites, drug labs, abandoned mines, and other facilities, and sampling, evaluation, investigation and confirmation necessary to conduct removal and remedial actions.

1.2. Requirements may include hazard characterization, evaluation, monitoring and design when associated with a particular suspected or required removal action, remedial action, sample collection and analysis, and hazardous materials containment, abatement, on-site treatment and/or removal, transport and disposal. Requirements shall pertain to all activities conducted under this contract. All work under this SOW shall comply with applicable federal, state and local laws and regulations governing handling, transportation, storage and disposal of hazardous materials.

1.3. Requirements of this work that are more stringent than federal, state and local laws and regulations shall prevail. Parties shall utilize project specific “Task Orders” to obligate funding and to execute the terms of this contract via bi-lateral contract modification between both parties. To ensure contractors comply with regulations, BIA

- 2 -representatives will inspect and audit performance of actions required by this contract.

Contractors shall allow BIA access to inspect and audit work on sites and facilities owned or used in performance of required actions. BIA will conduct inspections and audits at its discretion.

1.4. This SOW includes site examinations associated with required response actions (as defined in 40 CFR 300.410 and 300.415), potential and actual removal actions and emergency actions required to protect the public or environment from the release or threat of release of a hazardous substance. Under this contract, removal actions for a single incident or site cannot exceed the amount specified in the Task Order. The scope of this SOW also includes assistance to the BIA field offices in the areas of:

A. Pollution Prevention and Waste Minimization, B. Identification and Inventory of Hazardous Materials;

C. Solid Waste Cleanup and Disposal;

D. Stabilization, Cleanup and Disposal of Petroleum Spills;

E. Inventory, Identification and Response to Physical Hazards;

F. Response to, and Disposal of Hazardous Illegal Drug Operations, and;

G. Disposal of Hazardous Wastes and Chemical Products.

1.5 The contractor may be required to work in coordination with local or regional response teams who respond to an incident. In addition, the contractor may be required to coordinate with BIA and other law enforcement officers who conduct on-site criminal and civil investigations. Contract performance may include inventory and disposal of wastes generated at its facilities and/or conduct asbestos abatement actions at such facilities.

1.6. The Task Order shall be negotiated for all projects to the maximum extent possible before work begins. Projects will be on an as needed, individual delivery order basis.

Work will generally be completed as a turnkey operation. The contractor shall provide labor, equipment, materials, supervision, and transportation needed to investigate, assess, or classify the site or materials and shall remove and dispose of those materials where required by specific Task Order. The contractor shall complete appropriate regulatory documents (e.g. hazardous waste manifests), select samples for profiling, coordinate with appropriate state agencies, and select certified testing laboratories as needed. Other work may require close coordination and decision-making with BIA and their cooperators. BIA reserves the right to select the toxic substances disposal facility (TSDF). In all activities, potential impacts on human, flora, fauna and the environment

- 3 -must be considered. Special consideration shall be given to protection of sensitive environments following federal, state and BIA stipulations for threatened and endangered species and historic and archaeological sites.

2. Description/ of Services and Deliverables.

2.1. Work and Management Plans: The contractor shall provide the following work and management plans to establish programmatic methods and procedures for work performed under this contract. These plans will provide standards by which all actions will be conducted.

The contractor must complete and submit plans to the Contracting Officer (CO) no later than 15 days after award of the contract.

The plans will be reviewed by the Contracting Officers Representative (COR)/ Project Inspector (PI) and comments provided to the contractor within 15 days of the receipt of plans. Revised plans must be submitted to the CO for approval no later than seven (7) days after receipt of comments from the COR/PI(s). References to the contractor's standard operating procedures (SOPs) may be used if SOPs are applicable and copies are submitted with plans. The contractor shall not deviate from approved plans without prior approval of the Contracting Officer. All work and management plans must be modified and submitted to the CO for approval whenever there are changes in laws or regulations that affect procedures or methodologies established in the plans.

2.1.1. Sampling and Analysis Quality Assurance/Quality Control Plan. Elements of this plan must address: field sampling procedures; sample chain of custody; sample transport and preservation procedures; equipment calibration and maintenance procedures and frequency; analytical procedures; data reduction, validation and reporting; internal quality control checks; performance and system audits; preventive maintenance procedures; data assessment for precision, accuracy, and completeness;

corrective action procedures; quality assurance /quality control reporting procedures.

2.1.2. Transportation and Disposal Plan. This plan must address the following aspects for removing, transporting and disposing of hazardous materials and hazardous waste.

2.1.2.1. Handling, packaging and labeling hazardous material and hazardous waste.

2.1.2.2. Loading, transporting, intermediate storing if required, and disposing of hazardous material and hazardous waste. This information must include methods of disposal or destruction that will be utilized for the classes of equipment and materials identified in this SOW.

- 4 -

2.1.2.3. Contractor and subcontractor evaluation and auditing. This must include methodologies and frequency.

2.1.2.4. Written statements or proof itemizing the following which may have occurred in the last five (5) years or a written statement that none have occurred: Department of Transportation (DOT) reportable accidents, environmental reportable accidents, environmental fines or penalties, results of any EPA audits, any criminal charges, or any consent decrees.

2.1.2.5. If a chemical destruction method is utilized, certification by EPA that the method is approved, certification from the destruction facility when the approved method is used, certification that end products of the destruction method when used on hazardous material/items disposed of under this SOW are not regulated materials. If end products are regulated materials, certification that they were disposed of in accordance with EPA regulations.

Also provide who generated these products.

2.1.3. Records Management Plan. This plan shall describe the record keeping system to be used and include:

2.1.3.1. A description of waste profile certification and sampling forms.

2.1.3.2. Manifesting procedures where the contractor/subcontractor completes the manifest which is signed by the BIA designated officer.

2.1.3.3. Tracking of the primary or secondary material through removal from the site to final disposal.

2.1.3.4. Acquiring certificates of acceptance, disposal/destruction, and reclaiming.

2.1.3.5. Invoicing.

2.1.3.6. Other documentation and communication procedures used to track and record BIA's materials that are removed from BIA sites or facilities including surcharge schedules for dated material.

2.1.3.7. Data storage.

2.1.3.8. Quality Assurance/Quality Control (QA/QC) data and chain of custody for samples.

2.1.4. Program Management Plan. This plan must address program management procedures to ensure requirements of this are properly implemented and must include the following:

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2.1.4.1. Identification of transporters; intermediate and final storage facilities;

disposal, destruction, and reclaiming facilities; and any other facilities that the contractor plans to utilize during this contract.

2.1.4.2. Proof that all transporters and facilities listed in the contract are properly certified, permitted, and/or licensed including all federal, state and local transporter approvals. All such proofs will remain in effect for the duration of the contract. Such proof, where required by the Health and Safety Plan, may be needed by personnel for entry to the site. The BIA must concur in each TSDF and transporter for each shipment of waste under each separate Task Order issued.

2.1.4.3. Proof of employee training and medical monitoring by name related to the work to be conducted under this SOW. N Such proof, where required by the Health and Safety Plan, may be needed by personnel for entry to the site.

2.1.4.4. Proof of up-to-date contractor liability insurance.

2.1.4.5. Proof that liability insurance will remain in effect for the duration of the contract.

2.1.4.6. Proof that laboratories used to analyze samples under this contract are certified by the state in which they are located.

2.1.4.7. Provide written statements or proof itemizing the following which may have occurred in the last five (5) years or a statement that none have occurred : DOT m reportable accidents, environmental reportable accidents, environmental fines or penalties, results of any EPA audits, any criminal charges, or any consent decrees;

2.1.5. Spill Prevention, Control, and Countermeasure Plan. This plan must detail response procedures for releases caused by the contractor.

2.1.6. Decontamination Plan. This plan must detail procedures and methodologies used to decontaminate equipment and personnel used in evaluation and removal activities.

2.1.7. Health and Safety Plan. This plan must address programmatic procedures and methodologies used to protect public health and welfare, and personnel (including BIA

- 6 -personnel and subcontractors) associated or affected by any actions covered by this

SOW.

2.2. Description of Work. The contractor shall provide all labor, tools, materials, equipment, and any other items necessary to provide the following in a safe and efficient manner.

2.2.1. Site Evaluation/Investigation. The contractor must be accompanied by the COR or Pl when conducting the initial site examination. The purpose of this examination is the following.

2.2.1.1. Determine the location (legal description of the site) to ensure it is located on BIA land.

2.2.1.2. Document whether a release of a hazardous substance has occurred or if a release is suspected and estimate the quantity of the release.

2.2.1.3. Recommend appropriate security measures.

2.2.1.4. Gather and verify the following site information:

2.2.1.4.1. Potential pathways and targets.

2.2.1.4.2. Detail description of material and container(s) including condition of containers.

2.2.1.4.3. Observed impacts of the release.

2.2.1.4.4. All other pertinent data and information

2.2.1.4.5. Recommend appropriate removal/remedial measures. In addition to public health and safety and protection of then environment, identify removal actions that would have a direct bearing on reduction of the Hazard Ranking Score (HRS).

2.2.1.4.6. Inventory BIA facilities for hazardous materials and hazardous waste. Analyze inventory information and provide recommendations for proper hazardous materials storage.

Segregate and prepare hazardous waste for transport and disposal at a BIA approved hazardous waste disposal facility.

This work would not preclude separate contractors who are conducting environmental audits.

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2.2.2. Emergency stabilization, hazardous substance containment. The purpose of emergency site stabilization and containment of hazardous materials is to eliminate migratory pathways which pose an imminent threat to the public or environment from a hazardous substance release. This task may include physical containment - fencing, signing, or barricading.

2.2.3. Sampling and Laboratory Services. Initial hazardous characterization of materials shall be performed in order to categorize waste characteristics for the purpose of sampling protocol, stabilization and containment procedures, and determining an appropriate level of personal protective equipment (PPE). The contractor shall provide sampling and analytical services under this contract for the purpose of site evaluation, hazardous substance identification, and substance classification required for transport, treatment or disposal. If environmental sampling (i.e.: soil, ground water, surface water, air) is required, a site specific sampling plan must be developed by the contractor and submitted to the COR/PI for approval. If the sampling is being undertaken under conditions of an emergency response, both the site specific sampling plan and the COR/PI concurrence may be done orally.

2.2.3.1. The programmatic sampling and analysis quality assurance plan (SAQA) will be followed when developing site specific sampling plans. Site specific sampling plans will depict sample locations and constituents to be analyzed.

Collection and analysis of the samples must be performed by trained, state licensed and experienced personnel.

2.2.3.2. The contractor and laboratory shall use proven instruments and techniques to collect and analyze samples. Sampling design techniques, preservation and handling shall be in accordance with methods and procedures addressed in the SAQA. Chain-of-custody documentation shall be provided with the final report. If required by state environmental regulatory agencies, the laboratory shall be certified by the state. The laboratory used by the contractor shall become the owner and assume all liability for the used and unused volume of samples.

2.2.4. Hazardous Materials Classification. Prior to transporting any material the contractor shall: determine with concurrence of the COR: (1) by on-site field testing or laboratory analysis, if the material is a hazardous substance or waste material; (2) whether the material must be taken to a EPA/state RCRA permitted treatment, storage, or disposal facility; (3) whether material is economically recyclable; or 4) whether the material can be treated on-site in accordance with state regulations. If a release of a hazardous substance to the environment is suspected, then environmental samples must be taken in accordance with the following subparagraphs 2.2.4.2.1. and 2.2.4.2.2.

- 8 -

The location and number of all environmental samples must be approved by the COR/PI prior to their collection.

2.2.4.1. In certain instances, as directed orally and followed in writing by the COR, rapid sample characterization may be done where it is critical to prompt site evaluation and response. Sampling shall be adequate to support acceptance at a treatment, storage, or disposal (TSD) facility and must conform to EPA standard testing methods and state standard methods for the parameter/chemicals in question. It shall provide the BIA with a definitive answer to the question of whether the material is hazardous as defined by RCRA, CERCLA or TSCA.

2.2.4.2. If the contractor determines that a substance is hazardous, it may be necessary for the contractor to contact the intended TSD facility to determine the exact analysis required to complete the profile form and have the material accepted by the facility.

2.2.4.2.1. Materials determined "negative" by Lab Analysis shall be taken to an approved landfill or disposal of on-site if appropriate. The written lab analysis must include the statement: "Sample shows the material to be non-hazardous in relationship to current state, federal, and local requirements."

2.2.4.2.2. For materials determined to be "recyclable", the contractor shall inform the Government as to where materials determined to be "recyclable" may be taken for recycling and the cost involved.

2.2.4.2.3. The contractor shall identify materials that can be treated on-site and those treatments allowed by regulation. The Government may elect, within applicable limitations of law, to have the contractor perform either on-site or off-site treatment if appropriate.

2.2.4.2.4. Materials determined "hazardous" by laboratory analysis shall be disposed of as set forth in paragraph 2.2.5. of this SOW.

2.2.5. Hazardous Material Removals. For hazardous materials removed from BIA sites under this contract, the following requirements will apply and subsequent work will be provided by the Contractor.

- 9 -

2.2.5.1. Handling. Throughout the performance of the work, the contractor shall ensure and document that equipment used in the performance of this contract is maintained and calibrated according to manufacturer’s specifications.

Handling of hazardous materials must conform to the method and procedures specified in programmatic work plans and comply with all state and federal regulations regarding handling of a specific constituent.

2.2.5.2. Packaging. Hazardous substance containers, salvage drums and other needed packaging materials and supplies shall be supplied by the contractor.

2.2.5.2.1. All containers into which hazardous waste or hazardous materials are transferred for storage or transportation shall be manufactured and assembled in accordance with all applicable DOT and EPA specifications. This includes barrels, drums, recovery containers, bulk containers, bulk tank trucks or trailers, railroad tank cars, etc.

Containers and packaging shall be compatible with contents.

2.2.5.2.2. The contractor shall prepare non-leaking hazardous wastes for transportation and shipment in accordance with appropriate federal and state regulations. Non-leaking hazardous substance equipment not containerized shall be crated or strapped to pallets by the contractor for transportation.

2.2.5.2.3. For leaking equipment or containers, the over pack container must contain sufficient absorbent material to prevent shifting of contents and to absorb the entire volume of the liquid in the hazardous substance equipment.

2.2.5.2.4. Under no circumstances shall it be permissible for the contractor to mix hazardous substances that are incompatible with waste disposal requirements. Should there be more than one type of land disposal restricted material in a container and they are required by regulation or this SOW to undergo different types of shipping or disposal, then each shall be separately tracked by repackaging and renumbering containers in accordance with paragraph 3.3.

2.2.5.2.5. All containerized materials determined to be packaged improperly by the COR/PI, regulatory agency or contractor shall be repackaged and relabeled by the contractor at his expense.

- 10 -

2.2.5.3. Marking, Labeling, Placarding, Loading, and Transporting. Marking, labeling, and placarding of all containers and vehicles shall be in accordance with all applicable DOT, EPA, and state requirements for the type of material they contain. Labels and markings shall be properly completed and remain intact and legible until disposal in a permitted facility. The contractor shall identify, label, and mark each container with a unique identification number prior to loading it for transportation from the BIA site. Each time contents of a container are removed for any purpose, contents shall be tracked and documented in a chain of custody form and the new container shall be labeled or marked with unique identification numbers traceable to the original container.

2.2.5.3.1. Vehicles used to transport hazardous materials shall comply with applicable requirements of DOT, EPA, and state agencies. They shall be operated in accordance with all laws and regulations. All drivers shall be trained, qualified, experienced and licensed to transport hazardous materials in compliance with federal and state laws and shall comply with routing requirements for hazardous materials established by federal, state or local government agencies. Any documentation required to meet these requirements shall be provided upon request.

2.2.5.3.2. Vehicles used to carry barrels, drums and recovery containers shall be of the enclosed van-type or other type as approved by DOT (49 CFR). All vehicles shall have secondary containment apparatus. All items on vehicles containing hazardous materials shall be restrained by chains or wire rope (cable).

Synthetic restraints are prohibited unless approved by the CO.

2.2.5.3.3. The contractor must be physically present at the pickup location prior to the pickup and transportation of all materials in order to verify completeness and accuracy of the delivery and that materials are properly containerized and labeled. The contractor shall coordinate with the COR/PI to schedule the pickup.

2.2.5.3.4. The contractor shall be responsible for properly loading all vehicles. This includes obtaining equipment, fittings, material and labor required to package and load hazardous materials onto the transporting vehicle.

- 11 -

2.2.5.3.5. The contractor shall schedule arrival and departure times for loading materials at BIA sites to allow the COR/PI time to conduct an inspection of the loaded vehicle. If the vehicle fails inspection, the contractor must take corrective action at no expense to the BIA before the vehicle can depart the site with hazardous materials.

2.2.5.3.6. Hazardous substances removed from BIA facilities/sites will not be combined with another client’s material unless pre-approved by the COR/PI.

2.2.5.4. Manifesting. The contractor shall use a Uniform Hazardous Material Manifest (UM) for each shipment of hazardous materials/hazardous substances.

In compliance with this requirement, the contractor shall complete the UM as required by federal and state regulations including those found in subpart B of 40 CFR 262.20 (a through d). The address, phone number, and contact personnel for the UM will be furnished by the COR/PI. The UM shall be submitted to the COR/PI for approval and signing by a BIA authorized officer.

The contractor shall also include with each UM a list of identification numbers for each container, their contents and quantity. Names used to identify constituents must be consistent with 40 CFR 261 and 40 CFR 302.

2.2.5.4.1. Upon delivery of the material to the destruction facility or other destination (including recycling, reclamation, and intermediate storage facilities), the return copy of the UM must be submitted to the COR/PI in a timely manner at the shipping BIA field office before any payment for disposal can be made to the contractor. Manifesting documents shall be included in the final report.

2.2.6. Intermediate Storage of Hazardous Materials. The Contractor shall transport material designated for disposal directly to the destruction/disposal facility except when intermediate storage is approved by the COR. No item subject to any disposal time limit shall be stored in such a manner that materials would be disposed of after BIA's statutory time limit unless approved by the COR. Items for reclamation or destruction shall not be stored longer than allowed in 40 CFR 265. When the Contractor uses an intermediate storage facility, the COR/PI shall receive written notification at the time BIA's material is placed in the storage facility. Any intermediate storage shall be fully documented by schedules and destinations of materials. The contractor shall ensure storage, disposal, and regulatory and reporting deadlines are met.

2.2.7. Treatment and Disposal of Hazardous Materials. The contractor shall procure services of a BIA audited TSD facility(ies) for the purpose of disposal or treatment of

- 12 -hazardous material removed from public land under this contract. All facilities must be approved by the COR prior to shipment of any materials to a TSD facility. Where appropriate, the contractor may be asked to treat or dispose of materials on site.

2.2.8. Disposal of Non-Hazardous Waste Generated by the Contractor. In the course of executing requirements of this SOW, the contractor may occasionally generate non-hazardous solid waste. The contractor shall remove all such waste from the site after completion of field activities. Disposal of non-hazardous waste generated by the contractor shall be the responsibility of the contractor and all costs for disposal shall be at contractor expense except where other arrangements are made in the SOW.

2.2.9. Waste Minimization. The contractor shall minimize generation of solid, hazardous, or toxic materials whenever possible. The Contractor shall decontaminate equipment and materials used on job sites to minimize quantities of hazardous waste generated.

2.2.9.1. Where sampling is required, the volume of samples taken shall be as small as possible while still allowing for the accurate analysis of each sample. In no event shall the contractor collect samples of greater volume than that which the laboratory requires for an accurate analysis in accordance with the analytical method. The laboratory shall become the owner and assume all liability for unused volume of samples.

2.2.9.2. All characteristic hazardous materials shall be treated on the site when allowed by RCRA and state laws. Treatment at the site to render characteristic hazardous materials as non-hazardous shall be given the highest priority to minimize quantities of hazardous waste generated from BIA sites.

2.2.10. Pollution Prevention, Waste Minimization, and Waste Stream Management at BIA Facilities. The contractor shall provide, upon request, personnel and supplies to assist the BIA state office in auditing BIA facilities in the aforementioned state (field offices, warehouses, field camps, recreation areas, etc.) for compliance with the provision of OSHA, RCRA, and FFCA pertaining to chemical management and the purchase, receipt, storage and use of hazardous materials and waste. This task may include packaging, shipping and disposal of BIA generated waste from BIA facilities.

Following the audit, the contractor shall provide a summary report of audit findings and recommendations to the COR within 30 days of completion of the audit. Assistance with development of waste stream management procedures, training and practices at BIA facilities is included in this contract.

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3. Specifications.

3.1. General. All plans, reports and documentation, including digital format, must be legible and reproducible, clearly labeled with Task Order number, organized as specified, paginated, completed containing all required information with timely submission to the COR/PI.

3.2. Deficient Documentation. If submitted documentation does not conform to the above criteria, the contractor shall resubmit with the deficiency corrected at no additional cost to the BIA, and data shall be clearly marked as, "ADDITIONAL DATA". Submitted documentation shall include a cover letter describing delivered data with the Task Order number, who requested the data, and the date data was requested. Data submitted as the result of a deficiency shall be delivered to the BIA COR/PI within five (5) days after the contractor is notified of the deficiency.

3.3. Hazardous Materials Tracking. The contractor must implement procedures and practices designated in work and management plans to track hazardous materials.

3.3.1. Tracking disposal of all hazardous substances, hazardous materials, and debris with a manifest number and BIA tracking number assigned by the COR/PI is required. All hazardous materials must be tracked from departure of the BIA site until accepted by a RCRA permitted facility. The contractor shall use the same procedures and practices to track all secondarily generated materials including rinseate from decontamination and cleanup materials from spills or leaks.

3.3.2. The complete record of all movements, storage, treatment, and disposal by manifest number, and BIA tracking number for all hazardous waste removed from BIA sites shall form the basis of the Contractor's required certification that all regulated materials included in each separate Task Order have been disposed of in accordance with the law. All foregoing records and documentation must be included in the final report.

3.4. Task Orders Records. All records including manifests, certificates, chain of custody, QA/QC data and invoices for each Task Order shall be kept separate and complete by the contractor. All records must contain the Task Order number.

3.5. Certificate of Acceptance and Disposal. Originals of all certificates of acceptance, disposal, decontamination, recycling/reclaiming or incineration and all similar documents shall be submitted to the appropriate BIA office listed on the manifest and a copy sent simultaneously to the COR. Copies of such documents shall also be included in the final report. These documents shall contain sufficient information for BIA to positively identify each item represented by that document including a list of identification numbers and weights of all materials destroyed or disposed of and method of disposal.

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3.6. Analysis Reports. Within five (5) days after receipt of analytical results of samples collected during the site examination, the contractor shall submit a written analysis report to the COR which characterizes the site, summarizes pe1tinent data and recommends removal actions necessary to eliminate threats to the public or environment. If the site poses an imminent threat to the public or environment, the COR can request a verbal report as soon as information is available. The contractor shall provide original laboratory sample analysis results to the BIA. Any analytical deficiencies or inconsistencies shall be described in the analytical report to the COR/PI, and correlation of identified deficiencies shall be the responsibility of the contractor.

Copies shall also be included in the final report.

3.7. Final Reports. Within 30 days of completion of the Task Order or when further response actions for a specified site are terminated by the COR, the contractor shall submit a draft of the final written report to the COR/PI. Any comments provided by the COR shall be incorporated into the final report within seven (7) days of receipt. This report shall provide a detailed description of all removal actions completed in association with the site and all information used to select removal actions. The report must include copies of all records, documents, and data including QA/QC data, sample chain of custody forms, manifests, TSDF certificates and hazardous materials tracking summary compiled during the response action and as required in the work and management plans, and by pertinent laws and regulations. The Contractor shall provide the COR/PI with three (3) hard copies and one digital copy in the most current version of editable PDF or Microsoft Word.

3.8. Work Summaries. Work summaries shall be provided to the COR/PI which document actual work accomplished, any safety concerns/incidents, and actions taken with regard to the concerns/ incidents. Daily sign in/sign out logs shall be maintained and submitted with the work summaries. Work summaries shall include information about the number, classification, assigned duties, hours worked at each assigned duty of all personnel onsite. The quantity, type and status of all equipment on the job site shall also be included.

3.9. Daily Logs/Field Notes. Daily Logs/Field Notes shall be provided to the COR/PI upon completion of the Task Order work. This information shall be made available to the COR/PI on a daily basis upon request of the COR/PI. Information concerning calibration of field equipment, documentation of conversations with BIA representatives and/or regulatory agencies, and all analytical and field data collected at the site shall also be provided.

4. Program Management.

4.1. Health, Safety, and Personnel Training. The contractor shall ensure all personnel working as its employees, agents, or subcontractors who may potentially come into contact with hazardous

- 15 -materials as a result of the work described herein have the appropriate level of experience and have received necessary current training and medical monitoring. The foregoing documentation for each on-site worker shall be submitted to the COR/PI prior to job site entry of any person/worker. The contractor shall conduct all required health monitoring at no additional cost to the Government.

4.1.1. The health and safety plan shall be approved by the COR and include procedures relevant to work performed under this contract for the health, safety, and well-being of the contractor's and subcontractor's personnel, BIA employees while onsite, the general public, and the environment. The plan shall provide specific safety and health procedures that shall be adhered to by personnel working with hazardous materials.

The plan shall also include a provision for notifying authorities of injuries and other reportable incidents.

4.1.2. The health and safety plan shall include and address how the contractor shall ascertain that its employees or subcontractors will fully comply with all OSHA requirements and appropriate EPA and DOT requirements pertaining to sampling, handling and transportation of hazardous waste and other regulated materials. The plan shall detail mechanisms that will be implemented to ensure all workers are wearing correct protective equipment and clothing. The plan shall also provide a procedure for prohibiting workers and subcontractors not complying with health and safety regulations from engaging in any work undertaken in the performance of this contract.

The health and safety plan shall consider different types of work to be performed by the contractor's personnel and include different levels of protection and practices.

4.1.3. Equipment shall be operated in accordance with current OSHA regulations for the specific piece of equipment in operation. In addition to OSHA requirements and those specifically contained in OSHA 1910.120, the following requirements shall also apply.

4.1.3.1. The contractor shall designate a safety manager with experience in site safety. The Safety Manager shall be responsible for health and safety of employees, subcontractors, and BIA representatives and/or regulatory authorities working at the site. A daily meeting shall be conducted prior to commencement of work to assure all planned safety protocols are followed.

4.1.3.2. All work shall be performed under the immediate supervision of the contractor's onsite supervisor/project manager/designated person in charge. No work shall be performed in or near a facility/site that is under the operational control of the BIA until authorization to proceed is obtained from BIA's COR/PI.

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4.1.3.3. If requested, the contractor shall furnish a copy of all work history containing background, training, and competency in work performed and updated on an "as required basis" for the onsite supervisor/project manager/designated person.

4.2. Site Management. The contractor shall ensure actions of its employees, agents, and subcontractor(s) are properly managed at all times while on BIA property.

4.2.1. The contractor shall ensure all tools, equipment, materials, and supplies which are or may have been contaminated with hazardous waste or other hazardous material are either disposed of in accordance with law or decontaminated to concentrations lower than acceptable limits before removal from the BIA site.

4.2.2. The contractor shall provide adequate security measures to prevent scavenging of material, pilferage, or vandalism. If applicable, facility gates shall be locked and other reasonable precautions as specified by BIA shall be instituted. These precautions may include keeping all material within the locked confines of the facility and avoiding the creation of attractive nuisances.

4.3. Regulatory Approvals. All expenditures for obtaining, maintaining (including the cost of preparing and filing reports to regulatory agencies) and renewing regulatory approvals to accomplish specific Task Order work shall be solely the responsibility of the contractor and at no additional cost to the BIA.

4.3.1. The contractor shall remain liable for compliance and execution of the contract and shall at all times retain responsibility to ensure all regulatory approvals needed by subcontractors are valid at all times during the contract period. The contractor shall perform as site supervisor in the event a subcontractor is utilized on site. The COR must be notified of all subcontractors involved at the site or with any actions associated with the site prior to the subcontractor entering the site. The COR must be notified immediately when subcontractors or employees identified in the contract change during the course of the contract.

4.3.2. All actions and recommendations submitted by the contractor shall be in strict compliance with CERCLA, RCRA, and all other applicable federal, state, and local laws and regulations as related to the specific project activity area to include threatened or endangered species protection requirements and archaeological or historical site protection to include historic mine features.

4.3.3. Approvals and Permits required by regulatory Agencies and applicable environmental federal and Tribal Offices required for compliance with environmental

- 17 -regulations and statutes shall be strictly adhered to by the contractor and subcontractor(s).

5. Cleanup of Hazardous Substance Spills Caused by the Contractor and Notification of Authorities.

The Contractor shall cleanup and be solely responsible for and bear all costs associated with the release of a hazardous substances resulting from the contractor's or subcontractor's actions.

5.1. The cleanup shall include sampling of the area to determine the extent of contamination;

preparation of a cleanup program based on the results of sampling which will be approved by the COR and proper regulatory agency; removal of contaminated soil; removal of contaminated debris or structures; packaging of hazardous materials for transportation; decontamination of equipment and structures; back-filling of excavated areas; disposal or destruction of contaminated items; and documenting completion of cleanup through a sampling program. All applicable requirements that pertain to handling, packaging, labeling, storing, transporting, and disposing of hazardous substance and hazardous substance items shall be followed.

5.2. In the event of any spill of a reportable quantity of a hazardous or characteristic substance or waste at the site, as defined in 40 CFR 302, the contractor shall notify required regulatory authorities with the COR as soon thereafter as possible and be solely responsible for all…