DRAFT _ PWS _ JBLM _ HAZ Waste.pdf

DRAFT

JBLM

Joint Base Lewis McChord (JBLM) Hazardous Waste Disposal Contract v.9.10.26 (CKV)

Table of Contents

INTRODUCTION TO THE PERFORMANCE WORK STATEMENT (PWS)

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 CONTRACT LINE-ITEM NUMBER (CLIN) SELECTION CRITERIA

1.1.1.1 CLIN DISPUTES

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

1.1.6 HOURS OF OPERATION

1.1.7 CONTRACT RELATED INFORMATION DISCLOSURE

1.1.8 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)

INSTALLATION ACCESS

1.1.9 TREATMENT STORAGE DISPOSAL FACILITY (TSDF) CLOSURES

AND OUTAGES

1.1.10 CONTRACTOR PERSONNEL

1.1.11 ADDING CONTAINERIZED WASTE TO ISSUED TASK ORDERS

1.1.12 PACKAGING, MARKING, LABELING, AND PLACARDING

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.2.3 CONTAINERS & SPECIAL PACKAGING

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITIES

1.2.6 LOADING

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

1.2.8 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.8.1 BULK WASTE

1.2.8.2 CONTAINERIZED WASTE

1.2.9 BULK LIQUID PUMPING

1.2.10 BULKING & CONSOLIDATION

1.2.11 EXPEDITED REMOVAL/PERFORMANCE OF SERVICES

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING

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2.1.1 EMPTY CONTAINERS LITHIUM BATTERIES

2.2 LITHIUM BATTERIES

2.3 POLYCHLORINATED BIPHENYLS (PCB) RELATED WASTES

2.4 AQUEOUS FILM-FORMING FOAM (AFFF) AND OTHER

POLYFLUOROALKYL SUBSTANCES (PFAS) RELATED WASTES

2.5 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS & CANISTERS

2.5.1 EVALUATION/IDENTIFICATION OF CYLINDERS/VESSELS/

CANISTERS

2.5.2 ANALYSIS TO IDENTIFY CYLINDER CONTENTS

2.5.3 RECONTAINERIZATION/REPLACEMENT OF VALVES

2.5.4 ZONE “A” POISON GASES

2.6 RECYCLING OR RECOVERY

2.6.1 COMMODITY SPECIFIC RECYCLING/RECOVERY REQUIREMENTS

2.7 DEMILITARIZATION

2.7.1 SUBMARINE TILES

2.7.2 OTHER MILITARY ITEMS

3.0 SPECIAL SERVICES

3.1 RENTAL EQUIPMENT SUMMARY – ROLLOFF BOX (ROB), VACUUM BOX,

OR FRAC TANK

3.2 DAILY RENTAL OF A LINED ROB WITH COVER

3.3 WEEKLY RENTAL OF A LINED ROB WITH COVER

3.4 MONTHLY RENTAL OF A LINED ROB WITH COVER

3.5 ANNUAL RENTAL OF A LINED ROB WITH COVER

3.6 DAILY RENTAL OF A VACUUM BOX

3.7 WEEKLY RENTAL OF A VACUUM BOX

3.8 WEEKLY RENTAL OF A FRAC TANK WITH SECONDARY CONTAINMENT

3.9 MONTHLY RENTAL OF A FRAC TANK WITH SECONDARY CONTAINMENT

3.10 INITIAL PLACEMENT OR REMOVAL OF EMPTY ROB OR VACUUM BOX

3.10.1 MOVE EMPTY ROB, VACUUM BOX, OR FRAC TANK WITHIN

INSTALLATION

3.11 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 2

3.12 INDUSTRIAL CLEANING SERVICES (ICS), WEEKLY, CREW OF 2

3.13 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 3

3.14 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 3

3.15 SURCHARGE FOR WEEKEND WORK, DAILY, CREW OF 2

3.16 SURCHARGE FOR WEEKEND WORK, DAILY, CREW OF 3

3.17 ADDITIONAL CHARGE FOR HYDRO/WATER BLASTING WORK, DAILY,

CREW OF 3

3.18 SURCHARGE FOR EXPEDITED COMMENCMENT OF ICS WORK, CREW OF

2 OR 3

3.19 ADDITIONAL CHARGE FOR PERMIT-REQUIRED CONFINED SPACE

WORK, DAILY, CREW OF 3

3.20 ADDIONAL CHARGE FOR SUPPER VAC TRUCK WORK, DAILY, CREW OF

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3.21 SURCHARGE FOR EXPEDITED COMMENCEMENT OF ICS WORK, CREW

OF 2 OR 3

3.22 PERFORM ANALYSIS

3.23 PREPARE WASTE PROFILE SHEET

3.24 PERFORM WASTE CHARACTERIZATION TO IDENTIFY WASTE &

PROVIDE A HWPS

3.25 PERFORM OVERPACKING/LOOSE PACKING SERVICES

3.26 PERFORM LAB PACKNG SERVICES

3.27 BULK NON-RCRA WASTEWATER MANAGEMENT

3.28 RETROGRADE SHIPMENTS

3.29 DENTAL AMALGAM

3.30 MARINE VESSEL BILGE PUMPING

3.30.1 PROVIDE ADDITIONAL TECHNICIAN SUPPORT

3.30.2 PROVIDE ADDITIONAL VACUUM OR PUMP HOSES

3.30.3 PROVIDE ADDITIONAL AIR HOSES

3.30.4 PROVIDE ADDITIONAL PUMP

3.31 OZONE DEPLETING SUBSTANCE (ODS) REMOVAL

3.32 PROVIDE STORAGE TRAILER

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

4.1 APL TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTERS LISTS (QFL/QTL)

5.1 ADDING/UPDATING QUALIFIED FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PLACES OF GOVERNMENT INSPECTION

6.3 CONTRACTOR REPRESENTATIVE

6.4 INCIDENTAL FEES

7.0 STANDARD TIMES FOR WASTE REMOVALS AND PROVISION OF OTHER

SERVICES

7.1 EXPEDITED REMOVALS AND PERFORMANCE OF SERVICES

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES

ACCEPTANCE, INVOICING, AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2 ACCEPTANCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

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10.0 CONTRACTOR ACCESS TO PERFORMANCE LOCATIONS

10.1 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

10.2 COMMON ACCESS CARD (CAC) ISSUANCE AND ACCOUNTABILITY

PROCEDURES

10.3 CONTRACTOR CAC REPORTING REQUIREMENTS

10.4 CAC SECURITY COMPLIANCE

11.0 PERIOD OF PERFORMANCE

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INTRODUCTION OF THE PWS

a. This contract is referred to as the Joint Base Lewis McChord (JBLM) Hazardous Waste Disposal Contract. Work will consist primarily of the removal, transportation, and disposal of Resource Conservation and Recovery Act (RCRA) hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gases, Polychlorinated Biphenyls (PCBs), and Per- and Polyfluoroalkyl Substances (PFAS) located on or around military installations or within a 50-mile radius of any pickup/service location listed on the Pickup Locations Table (Attachment 3) of the contract in the states of Oregon and Washington. Infectious Medical Waste, Drug Enforcement Administration (DEA) Controlled Substances, Radioactive Waste, Ammunition and explosives, will not be included under this contract. The Contractor is advised that some requirements for information may be required before start of work on this contract per Sections 1.1.8, 1.2.1, and 5.1. The Contractor will be required to service both local and remote sites, as identified in the list of pick-up locations.

b. The standard removal time for containerized waste under this contract is (15) business days, and for bulk waste is five (5) business days. The contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period.

c. Pricing for containerized waste will most commonly be based on container sizes;

pricing for other containers is weight-based. Pricing for bulk wastes will most commonly be based on gallons, pounds, or cubic yards, as applicable.

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

e. The Government shall ensure that all items placed on a TO under this contract are packaged, marked, and labeled in accordance with (IAW) all applicable local, state, and federal laws and regulations relating to the generation, storage, and transportation of waste.

f. The Contractor shall provide all services necessary for the transportation, final treatment and disposal of the items listed in the price schedule IAW all local, state, and federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including subcontractors, labor, transportation, equipment, and the preparation, compilation, and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require treatment and disposal of the waste identified by the ordered CLIN descriptions.

g. The six-character disposal CLIN consists of two parts. The term “Base CLIN” refers to the first four characters of the CLIN. The Base CLIN represents the waste category or series according to the waste profile for a particular waste stream. The term “CLIN Suffix” refers to the last two characters of the CLIN. The CLIN Suffix designates the unit of measure for purposes of tracking and Contractor payment. For example, Base CLIN “FL16” represents

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“Non-Reactive paints and other coatings listing isocyanates, amines, or other polymerizable components in the ingredients” and CLIN Suffix “C4” designates the unit of measure as container up to 55-gallons in size. As such, one (1) 55-gallon drum of this waste would be represented by ordering one (1) each of CLIN FL16C4. General information regarding Profile Based CLINs may be found at the link below:

http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.as px

h. Some CLINs ordered under this contract require the Contractor to provide Certificates of Destruction or Disposal (CD), e.g., specific Demilitarization-required items, Aqueous Film- Forming Foam (AFFF), PFAS, and PCB-related wastes. The Contractor is cautioned to closely read all CLIN descriptions where such requirements are indicated. Unless explicitly written elsewhere in this PWS, the Contractor must only provide a CD when so reflected in the Price Schedule CLIN description and IAW Section 2.1.

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

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

k. Generators are responsible for ensuring that their containerized waste sent for disposal via this contract is in proper Department of Transportation (DOT) shipping containers.

l. Minimum TO charges under this contract will be $1,000.00 except where otherwise specified in the contract, including but not limited to various special services and expedited removals.

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

n. Time frames pertaining to equipment rental periods are expressed in calendar days.

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

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o. For purposes of this contract, the term Treatment, Storage, and Disposal Facility (TSDF) shall include recycling facilities.

p. In this contract, "Department of Defense (DoD)" and "Department of War (DoW)" are interchangeable terms that refer to the same entity. References to DoD or DoW installations also include their activities, such as remote training sites.

1.0 REMOVAL PHASES

The requirements for removal of wastes under this contract are divided into three main phases:

Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor and their Subcontractors must always perform in a prudent, conscientious, safe, and professional manner.

The Contractor shall ensure that its agents, employees, and Subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and in the areas of chemical incompatibility, general first aid and spill response procedures. The Contractor is required to provide only non-powered Material Handling Equipment (MHE) to move containers but has discretion to provide powered MHE if deemed advantageous to the Contractor. Refer to Section 1.2.6 for additional information. The Contractor shall provide appropriate Personal Protective Equipment (PPE) to Contractor and/or Subcontractor personnel to safely handle, move, and load wastes. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by Government personnel while on federal property.

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

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

a. Base CLIN categories and their descriptions used for waste disposal CLINs under this contract are as follows:

(1) Batteries (BA) – Used for all battery types, some, or all of which may be turned in as Universal Waste (UW) where no EPA Waste Codes are assigned, or as Hazardous Waste (HW), where applicable EPA Waste Codes are assigned.

(2) Corrosives (CS) – Used for all corrosive wastes meeting the EPA definition of corrosive and carrying the EPA Waste Code D002, unless it is a Lab Pack/Loose Pack, or unless the waste is concurrently assigned a D001 (ignitable) or D003 (reactive) Waste

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Code. Some corrosive acid oxidizers may carry the D001 Waste Code and be assigned a

CS CLIN.

(3) Compressed Gas Cylinders/Cartridges/Vessels (CY) – Used for all types of compressed gas cylinders, vessels, canisters, and cartridges. Base CLINs are assigned based on the specific chemical name of the gas or gases comprising the contents of the cylinder, vessel, or canister. Cartridges are assigned Base CLINs based on whether the gas is flammable or inert.

(4) Flammable/Combustible/Ignitable (FL) – Used for all ignitable and other than reactive or corrosive oxidizers carrying the D001 Waste Code, unless it is a Lab Pack or Loose Pack or unless the waste is concurrently assigned a D003 (reactive) Waste Code. FL CLINs may also be assigned to waste streams not carrying the D001 Waste Code but containing flammable/combustible/ignitable constituents such as organic solvents or chemicals.

(5) Lab Packs/Loose Packs (LP) – Used for most overpacked small containers of chemicals and consumer commodity-type products. “Lab Pack” refers predominantly to the overpacking of multiple containers of like laboratory chemicals into a single outer container. The chemicals must be of the same DOT hazard class, and a detailed inventory must be affixed to the outer container. Lab packing is a packaging method performed by the Contractor (or subcontractor) under a separate service CLIN. “Loose Pack” refers predominantly to the overpacking of multiple containers of like consumer commodity products (e.g., paints, lubricants, expired products, etc.) into a single outer container and does not require the preparation of a detailed inventory. Generators of this waste may be authorized to loose-pack containers for turn-in. Lab-packed and loose-packed drums and boxes containing smaller containers of same type wastes provide the best alternative when consolidation is impractical. For purposes of disposal, Lab Packs and Loose Packs share the same Base CLIN depending upon the contents of the inner containers and their assigned EPA Waste Code(s) when applicable.

(6) Non-RCRA, Non-State and State-Regulated (NR) – Used for wastes that are not deemed hazardous under the United States Environmental Protection Agency (USEPA) Resource Conservation and Recovery Act (RCRA) regulations and carry no USEPA Waste Code(s). Some such wastes may be State regulated and may carry state-specific Waste Code(s). The Contractor is required to comply with state regulations, as applicable, in the management of such non-RCRA hazardous wastes.

(7) PCB-Related (PC) – Used for all wastes containing or contaminated by a source of PCBs that is equal to or greater than 50 parts per million (ppm) and regulated under the Toxic Substances Control Act (TSCA). Some Generators of PCB-related wastes may choose to utilize “PC” Base CLINs, even when PCB concentrations fall below regulatory thresholds. Additionally, some states regulate PCB-related wastes to a concentration threshold that is lower than 50 ppm. The Contractor is required to comply with state regulations, as applicable, in the management of such PCB-related wastes.

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(8) PFAS-Related (PF) – Used for various wastes containing or contaminated by a source of PFAS including some AFFF wastes that may or may not be regulated under the RCRA and/or the TSCA. Some Generators of PFAS-related wastes may choose to utilize “PF” Base CLINs, even when PFAS concentrations fall below regulatory thresholds. Some states regulate PFAS-related wastes to a lower concentration threshold than others. The Contractor is required to comply with state regulations, as applicable, in the management of such PFAS-related wastes. RCRA-regulated wastes containing PFAS are managed under CLINs according to their assigned EPA Waste Code(s). DOD policy may dictate specific treatment and/or disposal technologies that are both state and federally compliant. Generators will assign disposal CLINs accordingly.

(9) Recycle/Recovery (RE) – Used for various wastes that require by contract and/or regulation the recycling/recovery of constituents and/or components contained in the waste stream, including some universal wastes, lamps, high mercury devices and residues, antifreeze, used oil, oil filters, and fully drained fuel filters. When “RE” CLINs are ordered, the Contractor is required to recycle/recover the waste under which the CLIN was ordered.

(10) Reactive (RX) – Used for various reactive wastes bearing the D003 Waste Code or potentially bearing reactive characteristics. All wastes bearing the D003 Waste Code will be turned in for disposal using an “RX” or appropriate “LP” Base CLIN, except for waste also contaminated by a source of PCBs that is equal to or greater than 50 ppm.

(11) Toxic (TX) – Used for various toxic wastes that are not ignitable, corrosive, or reactive waste bearing the D001, D002, or D003 Waste Codes, apart from hexavalent chromium related waste bearing the D001 Waste Code exclusively due to Cr+6 oxidizing properties.

b. CLIN selection criteria are further based upon information found in the waste profile sheet to include the waste description, physical state of the waste, and the assignment of EPA Waste Code(s) to RCRA-regulated HW. Every Base CLIN offered to Generators for use in the Price Schedule has corresponding permissible EPA Waste Code(s), unless the CLIN is for non- RCRA regulated waste. Permissible Waste Codes for purposes of this contract are those EPA Waste Code(s) identified in the CLIN descriptions on the Price Schedule of this contract.

Permissible Waste Codes does not imply that any or all those waste codes will apply, but that no other waste code(s) may apply to waste streams assigned to that CLIN. CLINs showing D009* with the asterisk (*) as a permissible waste code must meet restrictions shown in Section 2.3 of this PWS. Furthermore, the term “Listed" for purposes of this contract does not imply that all EPA Listed Waste Codes may apply. Uncommon EPA Listed Waste Codes may be handled on a case-by-case basis, with consideration given to those Waste Codes that are permitted and accepted by the Contractor’s Treatment, Storage and Disposal Facility (TSDF) of choice. The Government will ensure that all wastes being turned in for removal will carry only EPA Waste Code(s), if any, which are listed as permissible in the Price Schedule. The Government is responsible for assigning proper profile-based CLINs to every waste stream being turned in for removal. See Master Base CLIN Catalog at the below link.

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http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.as px

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

(1) PCB-Related, Containing or Contaminated by a Source >50 ppm (regulation varies by state)

(2) Reactive (D003)

(3) Ignitable/Oxidizer (D001), other than Cr+6 related waste bearing the D001 Waste Code exclusively due to the oxidizing properties of Cr+6.

(4) Corrosive (D002)

(5) Toxic (D004-D043 and any additional D-Codes newly established by EPA)

(6) Acutely Hazardous (P-Listed)

(7) Leachate (F039)

(8) Electroplating-Related (F006-F012, F019)

(9) Spent Solvent (F001-F005)

(10) Other F-Listed

(11) U-Listed

(12) K-Listed

(13) Non-RCRA, PFAS-Related Wastes

(14) Non-RCRA, State-Regulated Waste

(15) Non-RCRA, Non-State Regulated Waste

c. Base CLIN sequence number – Refer to the Master Disposal CLIN Catalog.

d. CLIN Suffix – Refer to the following CLIN Suffix Table:

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CLIN Suffix Table Containerized Wastes

CLIN Suffix→ C1 C2 C3 C4 Container Size:

Type:

Up to 5 Gal

(DM/DF)

Up to 15 Gal

(DM/DF)

Up to 30 Gal

(DM/DF)

Up to 55 Gal

(DM/DF)

Unit of Issue: EA EA EA EA CLIN Suffix→ C5 C6 C7 C8 Container Size:

Type:

Up to 110 Gal

(DM/DF)

Pallet, CYB, or Tri-Wall

Box

Containerized Pounds

Containerized Kilograms

Unit of Issue: EA EA LB KG

Pumpable Liquid Wastes Removed in Totes / IBCs CLIN Suffix→ T1 T2 T3 Container Size:

Type:

Up to 220 GL 850 Liters

(TP)

Up to 275 GL 1,050 Liters

(TP)

Up to 330 GL 1,250 Liters

(TP)

Unit of Issue: EA EA EA

Bulk Solid & Liquid Wastes

CLIN

Suffix→

B1 B2 B3 B4

Bulk Load Description

Bulk Heavy Solids (>600 lbs./Yd3) Priced per Lb., Based on Bulk Loads that are…

Up to 10,000 lbs.

10K up to 20K lbs.

20K up to 30K lbs.

>30,000 lbs.

Unit of Issue: LB LB LB LB Notes: Weights shown above are net weights of actual waste per bulk load.

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

CLIN

Suffix→

B5 B6

Bulk Load Description:

Bulk Pumpable Liquids

Removed via Vac Truck or

Tanker

Bulk Solids Lightweight

(<600 lbs./Yd3) Remove via

ROB

Unit of Issue:

Gallons

(GL)

Cubic Yards

(CD)

Minimum Load Ordered:

1,500-Gallons 75% of ROB Capacity

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Compressed Gas Cylinders (Sizes do not include valve or handle.)

CLIN

Suffix→

ME M1 M2 M3

Size Category: Lecture Small Medium Large Size Up To: 3" x 12" 4" x 24" 12" x 36" 16" x 56" Unit of Issue: EA EA EA EA CLIN Suffix ME (Miscellaneous, Each) also has applications for other than compressed gases.

e. Recycle/Recovery Base CLINs beginning with “RE” are designated for mandatory recycling/recovery by the Government. If the Contractor asserts that a waste designated for recycling cannot be recycled because it does not meet the required recycling parameters:

(1) The Contractor must notify the KO in writing of the rationale and proof for waste rejection at least five (5) business days before pickup, if expedited CLINs are used at time of required paperwork submission. This must include written input from at least two recycling facilities listed on the Qualified Facilities List (QFL), at least one of which is not owned by the Contractor.

(2) The KO will notify the Contracting Officer Representative (COR) to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to a disposal CLIN is solely that of the Government. If the Government agrees with the CLIN change, the applicable disposal CLIN will be assigned.

1.1.1.1 CLIN DISPUTES

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

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

c. If the Contractor asserts after removal that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and COR within 10 business days from the TSDF receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “off-spec” notification. Requests for a CLIN change without

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supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination.

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

1.1.2 PERMIT/SPECIAL REQUIREMENTS

a. Without additional expenses to the Government, the Contractor shall be responsible for paying all fees, preparing, or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s transportation, recycling, treatment, or disposal decision. This includes any fees associated with requirements of the EPA national electronic manifest (e-Manifest) system. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract and completing the Notification of Regulated Waste Activity form for the Generator(s) of hazardous waste to sign and file with the applicable state regulators for waste disposal if required. This also includes signing (on behalf of the Government) waste profiles requested by the TSDF. All Contractor-signed waste profile sheets shall be written for the actual waste stream using the Generator’s profile for backup documentation. All Generator forms or other means of notifications including correspondence with federal or state agencies on behalf of a Generator must be coordinated with and concurred with by the affected Generator prior to submission to any federal or state agency.

A copy of all forms and relevant documentation, including correspondence, shall be provided to the COR.

b. The Contractor may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the Government or to provide information to perform work or gain access to the installation. Example: pass and ID requirements, antiterrorist training, Environmental Management System (EMS) policies, and/or forklift training.

c. The Contractor and any subcontractor(s) shall use only the facilities and transporters currently (at the time) listed in the Defense Logistics Agency Disposition Services (DLADS) Qualified Facilities List (QFL) and Qualified Transporters List (QTL), per Section 5.0.

d. Any import or export shipment outside the United States must comply with all international agreements and all applicable foreign laws. For Importation of waste into Canada the Contractor must complete a transport manifest, submit a permit application before shipping, and a confirmation of disposal or recycling after final disposal. The Contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the COR and the Generator with each TO/manifest.

e. The Contractor will not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) Land Disposal Restrictions (LDR) unless domestic treatment capability does not exist or domestic facilities are unable to meet EPA LDR requirements within the United States (e.g., Lithium batteries). Mercury wastes (>260 mg/kg)

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subject to the EPA’s Mercury Export Ban Act (MEBA) of 2008 will not be exported outside the United States.

1.1.2.1 REPORTING REQUIREMENTS

a. If the Contractor uses a TSDF which requires the Generator(s) of hazardous waste to register with an out-of-state hazardous waste management facility prior to utilizing the facility, the Contractor must adhere to the requirements of Section 1.1.2.

b. The Contractor shall prepare and provide a Summary Manifest Report, including the completed manifest documents, to the Generator via the COR for filing with the State regulatory office(s). This Summary Manifest Report will be provided in sufficient time to allow the Generators to file the reports within the time frames allotted by each state. The required time frame will be established and documented when the Notification of Regulated Waste Activities form is submitted to the Generator via the COR, per Section 1.1.2.

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

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this contract refer to the appropriate shipping documents.

The Contractor shall use only a Non-Hazardous Waste Manifest or a Uniform Hazardous Waste Manifest for shipments of waste under this contract. Bill of Lading (BOL) documents are prohibited for use under this contract. Some states may require the use of state-specific waste codes and/or have unique requirements regarding the use of manifests. The Contractor will comply with all such state requirements in the performance of this contract. Prior to removal from a site identified as a pickup point in this contract, completed copies of all manifests and LDR notifications shall be furnished to the DLADS Field Activity coordinating the waste disposal at least five (5) business days prior to removal of containerized wastes and two (2) business days prior to removal of bulk wastes. All documentation shall be clearly marked with the name of the servicing DLADS Field Activity in addition to the Generator, contract, and TO number, as applicable. Emergency response information and 24-hour emergency phone numbers shall be listed on the manifest. If blocks for emergency information are not provided, this information shall be placed in the upper right-hand corner of each document.

c. Electronic Manifest System (e-Manifest System): Generators may continue to use paper manifests during their transition to fully electronic manifests in the e-Manifest System and the phase out of paper manifests. If presented with paper documents, the Contractor will provide the Generator with a paper copy of the manifest signed by the initial transporter.

d. The use of mock EPA identification (ID) numbers:

(1) When adding a TSDF to the Qualified Facility List (QFL), a unique mock

EPA ID number will be created by DLA Disposition Services for:

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(a) Any non-RCRA TSDF within United States (US) territories (CONUS, AK, HI, GU, and PR) and,

(b) Any TSDF located outside of United States territories (OCONUS).

Some states have issued EPA IDs to TSDFs outside US territories to track HW shipments. In these scenarios, mock EPA IDs will not be created to replace the state issued EPA ID.

(2) When adding transporters to the Qualified Transporter List (QTL), a unique mock EPA ID number will be created by DLA Disposition Services for any “non-regulated only” transporter within the United States and its territories, and for any transporter located outside the United States and its territories.

(3) Mock EPA ID numbers for TSDFs and transporters will be used on DLA

Form 2505 Invoice (Attachment 5), when submitted to DLA for invoicing purposes.

(4) Mock EPA IDs for TSDFs and transporters must be entered on manifests.

Regulations may dictate where the mock ID number will be entered on a manifest.

Example: When exporting from US territories, 40 CFR section 262.83(c) requires only the destination company name and address to be used in block 8 of the Uniform Hazardous Waste Manifest (EPA Form 8700-22) when the export destination does not have an EPA ID. In this scenario, the mock EPA ID number will be entered in Block 14, “Special Handling Instructions and Additional Information.”

(5) The format for mock EPA ID numbers for Conditionally Exempt Small Quantity Generators (CESQG) and Very Small Quantity Generators (VSQG) shall be State abbreviation + Pick-up DoDAAC + “SMAL”, e.g., FLSY2314SMAL.

e. The “Universal Waste” Rule, 40 CFR § 273, does not require the use of a hazardous waste manifest to ship Universal Waste (UW) within, to, or through a state that has adopted the Universal Waste Rule, in which case, under this contract, a non-hazardous waste manifest may be used. Whenever UW is transported from, to, or through a state that has not adopted the rule, a hazardous waste manifest will be used.

The Contractor will specify on the manifest in the “Special Handling Instructions and Additional Information” (or equivalent) block when UW is being transported (e.g., “Universal Waste Shipment”). Shipments of UW must comply with the requirements specified in 40 CFR § 273.18 and 273.38. UW includes but is not limited to batteries, pesticides, mercury containing equipment, and lamps as defined in 40 CFR § 260.10. It may also include state-regulated UW such as antifreeze, paint, and paint-related wastes (PPRW), cathode ray tubes (CRTs), electronics, and aerosol cans. The regulations allow the Generator to make the determination about whether to handle these and other specific wastes as UW or as HW per 40 CFR. The Contractor will be advised on the TO if these wastes are to be handled as “Universal Waste”.

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f. Note: While Generators have the option to manage some waste streams as UW, Generators under this contract may be required to order disposal/recycling CLINs that provide for the proper treatment and disposal of waste based on the waste characteristics if it were otherwise managed as a HW.

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

g. Note on Fuels blending: Unless expressly prohibited by State or Federal regulations, fuels blending and subsequent thermal destruction will meet recycling/recovery requirements for wastes having a minimum energy value of 2,500 BTUs/Lb., including wastes consisting of or containing Petroleum, Oil, and Lubricants (POL), organic solvents, paints, and antifreeze.

1.1.4 NOTIFICATIONS

a. The Contractor shall notify the Contracting Officer Representative (COR) at least five

(5) business days before attempting site visits, providing services, or removal efforts.

(1) In addition to the notification above for removal efforts, the Contractor shall provide the name of the driver, the driver’s Commercial Driver License (CDL) number and its expiration date, personnel badge expiration date, and truck badge expiration date (where applicable) to the COR or other Government representative at least 24 hours prior to removal. The Contractor may opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR, or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the 24-hour notification requirement is waived for the remainder of the contract unless otherwise modified.

(2) If a driver, other than the one specified 24 hours in advance for the specific TO, or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated Government representative will verify the personnel change with the Contractor before the pickup commences. This may require a written notice or fax from the Contractor.

b. DBIDS may be mandatory for access to some DOW facilities. See Section 1.1.8 for further information. Where DBIDS is utilized, the 24-hour advance notification is not required.

At some military installations, the Contractor and/or Subcontractors may be required to be escorted to and from the place of work. This requirement is for both safety and physical security purposes. Contractors, their employees, agents, and/or any Subcontractors are required to remain at the designated work area until released or escorted by the COR or other Government representative.

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c. Notification requirements for an excusable delay request. If at any time following the issuance of a written TO or anytime during the performance period, the Contractor determines standard removal times for any waste streams cannot be met due to unforeseen issues at the TSDF(s) beyond the Contractor’s control, the Contractor shall notify the KO and COR in writing via email by close of business (COB) the following business day, that a delay in removals under the subject TO will ensue. Written notifications shall include the subject TO number, reason(s) for the delay, substantiable documentation from TSDF(s), and the estimated date/time of performance completion. Substantiable documentation shall include written evidence showing earnest attempts were made by the Contractor to utilize at least two qualified alternative TSDFs to meet the performance requirements in the contract. Failure by the Contractor to make a proper notification to the KO, as needed to render an informed decision regarding the Contractor’s asserted inability to perform timely due to factors beyond their control, shall constitute a waiver by the Contractor to exercise its excusable delay request.

(1) Following proper notification, if the KO determines the Contractor has met the burden of proof to demonstrate the delay is beyond the Contractor’s control, the following conditions apply:

(a) The Government reserves the right to issue a new (standalone) TO for impacted TO line(s) or modify and re-issue a previously issued TO. Minimum TO charges will not apply to these TOs.

(b) The Contractor will provide biweekly TO updates to the KO and COR beginning 30 days after the new or modified TO is issued. Updates shall include the status of the TO, the estimated time/date for removal, and further substantiable documentation that will provide the KO information to make an informed decision whether the delay remains beyond the control of the Contractor. The requirement for TO updates will terminate when the Contractor’s requirements under the TO have been met.

(c) The Contractor will notify the KO and COR immediately upon determining that meeting standard removal times will resume.

(d) If a delay situation arises after issuance of a TO having a combination of impacted and non-impacted wastes, the KO, COR, and Contractor will mutually agree upon how best to address the situation with follow-on TO issuances and execute a contract modification memorializing said agreement.

d. For TOs containing expedited removal or other performance CLINs, the Contractor shall notify the COR or other Government representatives for each location in the following timeframes before attempting installation access:

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CLINs Description Required Notifications Times 1095SV 1-Business Day Expedited

Removal/Performance One (1) Hour Prior to Removal/Performance

1096SV 3-Business Day Expedited Removal/Performance

One (1) Business Day Prior to Removal/Performance

1097SV 5-Business Day Expedited Removal/Performance

Four (4) Business Days Prior to Removal/Performance

1098SV 10-Business Day Expedited Removal/Performance

Five (5) Business Days Prior to Removal/Performance

1099SV Expedited Commencement of ICS Work, Crew of 2 or

Based on day of week TO is issued. (Refer to Section 3.21)

Note: Not all expedited service CLINs may be offered under this contract. Refer to the price schedule. See Section 1.2.11 for additional information on expedited service CLINs.

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

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

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

1.1.6 HOURS OF OPERATION

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

HOLIDAY DATE

New Year’s Day 1 January* Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth 19 June*

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Independence Day 4 July* Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11 November* Thanksgiving Day 4th Thursday in November Christmas Day 25 December*

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

b. Installation specific normal hours of operations for this contract are available upon request from the COR. This contract is for various military and Government activities of which may have different work schedules. Excluding weekends and observed Federal holidays, the Contractor agrees that, for those portions of the services provided on a government installation, the services will be provided during the normal hours of operation for the installation.

1.1.7 CONTRACT RELATED INFORMATION DISCLOSURE

The Contractor may not publicly release or share any data, reports, or other information relating to the contract with other firms or individuals who are not performing as subcontractors under the contract with a need to know and must keep such information confidential. Other than waste disposal data or other information that is required pursuant to laws and regulations implemented by regulatory authorities and applicable to all businesses, the release of any information pertaining to this contract is conditioned on the KO providing approval in writing prior to release. The contractor shall immediately notify the KO upon receipt of any request for information from any entity, including regulatory authorities or the Press, to include any order to disclose information received from any competent judicial or administrative authority (e.g., federal, state, local or HN officials or entities in a foreign country). Disposition Services will respond promptly to advise the contractor regarding whether it authorizes the requested disclosure of information. The contractor is also prohibited from sharing information related to the contract in any forum or industry symposium without approval from the KO.

1.1.8 DBIDS INSTALLATION ACCESS

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

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

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

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

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

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

1.1.9 TSDF CLOSURES AND OUTAGES

Permanent or temporary closures or outages of the Contractor’s TSDF of choice, whether owned or subcontracted by the Contractor, does not alleviate the Contractor of its responsibility to perform on-time waste removals according to specified performance times and firm fixed pricing in this contract. Advanced notifications to the COR of scheduled TSDF outages for such reasons as maintenance may allow for flexibility in removal dates when agreed upon by the Government. Unless the KO authorizes in writing to accept delays of service due to a TSDF closure or outage, the Contractor shall utilize an alternative qualified TSDF when necessary to meet containerized and bulk waste removal requirements at no additional cost to the Government. The Contractor is advised to always have an alternative qualified TSDF in place to ensure timely removals. Refer to Section 1.1.4(c) for excusable delay requests needed after the issuance of a written TO.

1.1.10 CONTRACTOR PERSONNEL

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

1.1.11 ADDING CONTAINERIZED WASTE TO ISSUED TASK ORDERS

The Government will be allowed to add limited containerized wastes to issued TOs up to five (5) business days prior to regularly scheduled removals. The addition of such containers to an active TO will be limited to those waste streams having been fully profiled with the Contractor’s designated TSDF and having their associated CLINs already existing on the Price Schedule. If the Contractor has already provided the COR and the Generator with a copy of the completed manifest per Section 1.1.3, the Contractor will edit the manifest on or before the time of removal.

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1.1.12 PACKAGING, MARKING, LABELING, AND PLACARDING

a. Prior to removal, the Contractor shall verify all hazardous property turned in by the Generator destined for recycling and or disposal are packaged in the proper container, and properly marked, labeled, manifested, and placarded to meet all applicable DOT, EPA/RCRA, and State regulations. The Contractor shall provide and affix the appropriate placards to each conveyance vehicle and trailer prior to leaving the Government premises. Improvised or hand-crafted placards shall not be used for transportation of DOT hazardous materials (HM) off the installation.

b. If property being turned in by the Government has not been properly packaged, marked, and labeled, the Generator shall either remove the waste item(s) from the TO, repackage the waste, or order services to have the Contractor repackage the waste using the applicable service CLIN(s) prior to the removal date.

c. The Contractor shall not package RCRA-regulated or State-regulated waste together (same container) with non-regulated waste.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

a. The Contractor and/or Subcontractor shall have a serviceable, compatible, and operable spill kit(s) on-site to capture and contain a spill or release during waste removals. The Contractor is solely responsible for cleanup and proper disposal of all spills or leaks occurring during the performance of this contract because of, or are attributed to, the actions of its agents, employees, or Subcontractors to the satisfaction of the Government and at no additional cost to the Government.