Section_J_-_Atch_44_-_Env_and_Safety.pdf

Attachment 44

REVISED (APRIL 2015)

Environmental and Safety Requirements

REFERENCES

The publications listed below form a part of this specification to the extent referenced and the Contractor shall comply with listed references. The publications are referred to in the text by the basic designation only.

CODE OF FEDERAL REGULATIONS

7CFR2902 Designation of Biobased Items for Federal Procurement

29CFR1910 Occupational Safety and Health Standards - General Industry

29CFR1926 Occupational Safety and Health Standards - Construction

40CFR122.26 EPA National Pollutant Discharge Elimination System Permit

Regulations

40CFR241 Guidelines for Disposal of Solid Waste

40CFR243 Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste

40CFR258 Subtitle D Landfill Requirements

40CFR261 Identification and Listing of Hazardous Waste

40CFR262 Generators of Hazardous Waste

40CFR263 Transporters of Hazardous Waste

40CFR264 Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40CFR265 Interim Status Standard for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40CFR266 Management of Specific Hazardous Waste and Specific Types of

Hazardous Waste Management Facilities

40CFR268 Land Disposal Restrictions

40CFR270 Hazardous Waste Permit Program

40CFR273 Standards for Universal Waste Management

40CFR279 Used Oil Regulations

40CFR300 National Oil and Hazardous Substances Pollution Contingency Plan

40CFR372-SUBPART D EPA Toxic Chemical Release Reporting Regulations

42CFR84 National Institute for Occupational Safety and Health (NIOSH)

49CFR107 DOT Hazardous Materials Program Procedures

49CFR171-180 DOT Hazardous Materials Regulations

OTHER REFERENCES

EM 385-1-1 Corps of Engineers Safety & Health Requirements Manual

EO 13101 Greening of the Government Through Waste Prevention, Recycling, and Federal Acquisition

EO 13148 Greening the Government Through Leadership in Environmental Management

EPA - CPG EPA Comprehensive Procurement Guidelines

EPA Manual Indoor Air Quality

EPA 832-R-92-005 Storm Water Management for Construction Activities

NFPA National Fire Prevention Association

NEC National Electrical Code

RCRA Resource Conservation and Recovery Act

Section 213 Emergency Planning and Community Right-to-Know Act

Section 602 (a) Clean Air Act

FLETC-OAO REFERENCES

August 2013 FLETC-OAO Hazard Communication Program

May 2004 FLETC-OAO Hazardous Waste Compliance Handbook

January 2006 FLETC-OAO Hazardous Waste Management Plan

August 2013 FLETC-OAO Safety Program Manual 70-09

April 2008 FLETC-OAO HazMart Operations Guide

Section I DEFINITIONS

a. Chemical Cleaning Products: Cleaning products, supplies, and materials required in the performance of this contract.

b. Chemical Debris: Includes salts, acids, alkalis, herbicides, pesticides, and organic chemicals.

c. Class I Ozone Depleting Substances: Class I ODS is defined in Section 602(a) of The Clean Air Act and includes the following chemicals:

chlorofluorocarbon-11 (CFC-11) chlorofluorocarbon-213 (CFC-213) chlorofluorocarbon-12 (CFC-12) chlorofluorocarbon-214 (CFC-214) chlorofluorocarbon-13 (CFC-13) chlorofluorocarbon-215 (CFC-215) chlorofluorocarbon-111 (CFC-111) chlorofluorocarbon-216 (CFC-216) chlorofluorocarbon-112 (CFC-112) chlorofluorocarbon-217 (CFC-217) chlorofluorocarbon-113 (CFC-113) halon-1211 chlorofluorocarbon-114 (CFC-114) halon-1301 chlorofluorocarbon-115 (CFC-115 halon-2402 chlorofluorocarbon-211 (CFC-211 carbon tetrachloride chlorofluorocarbon-212 (CFC-212 methyl chloroform

d. Debris: Nonhazardous solid material generated during the construction, demolition, or renovation of a structure which exceeds 2.5 inch particle size that is: a manufactured object; plant or animal matter; or natural geologic material (e.g. cobbles and boulders). A mixture of debris and other material such as soil or sludge is also subject to regulation as debris if the mixture is comprised primarily of debris by volume, based on visual inspection.

e. Executive Order (EO) 13101: A Presidential order mandating “greening of the government” by using recycled or recovered products to the extent possible.

f. Environmentally Preferable: A product or service that has a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.

food.

g. Garbage: Refuse and scraps resulting from preparation, cooking, dispensing, and consumption of

h. Green waste: The vegetative matter from landscaping, land clearing and grubbing, including, but not limited to, grass, bushes, scrubs, small trees and saplings, tree stumps and plant roots. Marketable trees, grasses and plants that are indicated to remain, be re-located, or be re-used are not included.

i. Hazardous Debris: As defined in paragraph entitled "Debris" of this section, debris that contains listed hazardous waste (either on the debris surface, or in its interstices, such as pore structure) per 40CFR261;

or debris that exhibits a characteristic of hazardous waste per 40CFR261.

j. Hazardous Waste: Hazardous waste as defined in 40CFR261 or as defined by applicable State and local regulations. Any discarded material, liquid, solid, or gas, which meets the definition of hazardous material or is designated hazardous waste by the Environmental Protection Agency (EPA) or State Hazardous Control Authority as defined in 40 CFR 260, 40CFR261, 40CFR262, 40CFR263, 40CFR264, 40CFR265, 40CFR266, 40CFR268, 40CFR270, 40CFR271, 40CFR272, 40CFR273, 40CFR279, and 40CFR280.

k. Inert Construction and Demolition Debris: Broken or removed concrete, masonry, and rock asphalt paving; ceramics; roofing paper and shingles. Inert materials may not be re-enforced with or contain ferrous wire, rods, accessories and weldments.

l. Oily Waste: Petroleum products and bituminous materials.

REVISED (APRIL 2015)

m. Paint Cans: Metal cans that are empty of paints, solvents, thinners and adhesives. If permitted by the paint can label, a thin dry film may remain in the can.

n. Postconsumer Material: A material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

o. Recovered Materials: Waste materials and byproducts that have been recovered or diverted from solid waste.

p. Recyclables: Materials, equipment and assemblies such as doors, windows, door and window frames, plumbing fixtures, glazing and mirrors that are recovered and sold as recyclable Metal meeting the definition of lead contaminated or lead based paint contaminated may not be included as recyclable if sold to a scrap metal company. Paint cans may be included as recyclable if sold to a scrap metal company.

q. Recycled Content: Products which are made with waste materials and byproducts that have been recovered or diverted from solid waste.

r. Scrap metal: Scrap and excess ferrous and non-ferrous metals such as re-enforcing steel, structural shapes, pipe and wire that are recovered or collected and disposed of as scrap. Scrap metal meeting the definition of hazardous material or hazardous waste is not included.

s. Sediment: Soil and other debris that have eroded and have been transported by runoff water or wind.

t. Solid Waste: Garbage, refuse, debris, sludge, or other discharged material except hazardous waste.

u. Surplus soil: Existing soil that is in excess of what is required for this work, including aggregates intended, but not used, for on-site mixing of concrete, mortars and paving. Contaminated soil meeting the definition of hazardous material or hazardous waste is not included.

v. Waste Reduction: Preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

w. Wood: Dimension and non-dimension lumber, plywood, chipboard, hardboard. Treated and/or painted wood that meets the definition of lead contaminated or lead based contaminated paint is not included.

Section II SUBMITTALS

a. Site Specific Health and Safety Plan (HASP)

Plan shall conform to OSHA 29CFR1910 and 29CFR1926.

NOTE: Depending on the scope of individual project assignments during the span of this contract, the Contractor may be required to prepare and submit “job-specific” HASPs where employees are exposed to hazardous materials and/or hazardous waste.

b. Job Hazard Analysis

Include Job Hazard Analysis for each occupation in this contract

c. Environmental Protection Plan

Include hazardous waste management

d. Safety Data Sheets

Provide for all hazardous materials to be used on the FLETC-OAO during this contract

REVISED (APRIL 2015)

e. Hazardous Materials Usage Report: The Contractor shall record the amount of each hazardous material used on the construction site and submit report monthly.

f. Preconstruction Survey: The Contractor shall perform a preconstruction survey of the project site with the Contracting Officer, and shall take photographs showing existing environmental conditions in and adjacent to the site. Photographs shall be taken using a digital camera and shall be the responsibility of the Contractor. Submit a report for the record.

g. Appointment Letter and Certification: The Contractor shall submit a letter signed by an officer of the firm appointing the Environmental Manager, stating that he/she is responsible for managing and implementing the Environmental Program required by this contract. Include the Environmental Manager’s authority to direct the removal and replacement of nonconforming work. The letter shall document the Environmental Manager’s education and experience. The Environmental Manager shall have a minimum of 40 hours documented hazardous waste training within the last three months. Attach a copy of the Environmental Manager’s hazardous waste training certificate.

h. Greening the Government: The Contractor shall submit a list quarterly to the FLETC-OAO

Environmental Office stating:

1. The total dollar amount used on products listed below

2. The dollar amount of recovered materials used (recycled) on products listed below

3. If not able to purchase recovered materials, why not

i. Laboratory Analysis: Submit a copy of the laboratory analysis of solid waste and debris with the potential of becoming classified as a hazardous waste (i.e., abrasive/sandblasting debris, paints, etc.).Waste stream determinations are required at the point of generation and must sufficiently document whether the waste will be a solid waste, hazardous waste, or RCRA exempt waste.

j. Solid Waste Disposal Report: Monthly, the Contractor will submit a solid waste disposal report to the Contracting Officer. For each waste, the report will state the classification (using the definitions provided in this section), amount, location, and name of the business receiving the solid waste. The Contractor will include copies of the waste handling facilities' weight tickets, receipts, bills of sale, and other sales documentation. In lieu of sales documentation, the Contractor may submit a statement indicating the disposal location for the solid waste which is signed by an officer of the Contractor firm authorized to legally obligate or bind the firm. The sales documentation or Contractor certification will include the receiver's tax identification number and b u s i n e s s , EPA or State registration number, along with the receiver's delivery and business addresses and telephone numbers. For each solid waste retained by the Contractor for his own use, the Contractor will submit on the solid waste disposal report the information previously described in this paragraph. Prices paid or received will not be reported to the Contracting Officer unless required by other provisions or specifications of this Contract or public law.

k. Solid Waste Disposal Permit: Submit one copy of a local permit or license showing such agency’s approval of the disposal plan before transporting wastes off Government property.

l. Waste Determination Documentation: The Contractor shall complete a Waste Determination form (provided at the preconstruction conference) for all contractor derived wastes to be generated. The waste determination must be based upon either a constituent listing from the manufacturer used in conjunction with consideration of the process by which the waste was generated, EPA approved analytical data, or laboratory analysis. Safety Data Sheets (SDS) by themselves are not adequate. All support documentation must be attached to the Waste Determination form. As a minimum, a Waste Determination form must be provided for the following wastes (this listing is not all inclusive): oil and latex based painting and caulking products, solvents, adhesives, aerosols, petroleum products, and all containers of the original materials.

REVISED (APRIL 2015)

m. Regulatory Notification: The Contractor is responsible for all regulatory notification requirements in accordance with Federal, State and local regulations. The Contractor shall forward copies to the Contracting Officer prior to commencement of work activities. Typically, regulatory notifications must be provided for the following (this listing is not all inclusive): demolition, renovation, NPDES defined site work, remediation of controlled substances, asbestos, hazardous waste, lead paint.

n. Indoor Air Quality Plan

Section III SAFETY AND HEALTH

1. SCOPE

The Contractor shall furnish all personnel, supervision, equipment, management, materials, transportation and supplies necessary to perform hazard assessments, utilizing occupational safety and health statutes, regulations, manuals, directives and instructions cited herein. The Contractor shall maintain files and records on site of all Contractor personnel certificates, medical surveillances, physicals, and pertinent training.

The requirements of this section shall apply to all services performed under this contract.

2. DIRECTIVES AND REGULATIONS

At a minimum, the Contractor shall implement the most current versions of the Occupational Safety and Health Administration (OSHA) 29CFR1910 and 29CFR1926; National Institute for Occupational Safety and Health (NIOSH) guidelines 42CFR84, National Fire Protection Association (NFPA); National Electrical Codes; U.S. Army Corps of Engineers Safety and Health Manual EM385-1; and FLETC-OAO safety and health policies and directives when performing all tasks throughout the entirety of the contract.

3. PERFORMANCE REQUIREMENTS

a. The Contractor shall be responsible for the occupational safety and health of its personnel as established in applicable statutes, regulations, manuals, directives, and instructions. Throughout the duration of the contract, the Contractor shall take all measures necessary to ensure compliance with all OSHA and other safety and health requirements pertaining to all work under this contract.

b. To ensure that an acceptable level of occupational safety and health is maintained, the Contractor shall develop and implement a proactive safety program, including a medical surveillance program, which is designed to achieve a mishap and occupational illness rate as near zero incidents as is possible.

c. The Contractor’s safety program shall include preparation and implementation of a site-specific

Health and Safety Plan in accordance with the most current edition of the U.S. Army Corps of Engineers Safety Manual EM-385-1, OSHA requirements, and other accepted industry standards. The plan shall be submitted for approval by the Contracting Officer prior to the Contractor being approved to proceed with any physical work related to the contract. This detailed plan shall describe how the Contractor’s safety program complies with Federal and State Occupational Safety and Health Acts and any other safety provisions within this contract. The plan shall include the following areas of Organization, Methodology, and Hazardous Material (with emphasis o n cleaning chemicals, lead and gun powder material). The requirement for a safety plan addressing these areas shall also be included in all subcontracts.

d. The Contractor shall conduct safety orientation, training, and industrial inspections at the level of effort and at the frequencies detailed in applicable government statutes, regulations, and instructions.

e. The Contractor shall ensure that safety specialists and safety training personnel are qualified and certified to applicable professional standards, affiliated organization certifications and government statutes, regulations, and instructions.

REVISED (APRIL 2015)

f. The Contractor is responsible for maintaining all records, reports, logs, etc. in accordance with OSHA 300 (Section J, Attachment 16). Copies shall be provided to FLETC-OAO Safety Office.

4. MATERIAL HANDLING EQUIPMENT

a. The Contractor shall license its operators of powered industrial equipment in accordance with 29CFR1910 and 1926 and maintain a record of the names of those licensed, type of license, and date for a period of one year.

b. Material handling equipment operators shall be licensed in accordance with 29CFR1910 and 1926.

One worker only should give signals to equipment operator when lifting or lowering operations are in progress.

Lifting or lowering should not begin until all personnel are safely positioned.

c. The Contractor shall inspect, test and label material handling equipment in accordance with specifications contained in 29CFR1910 and 1926. Material handling equipment not specifically addressed elsewhere shall be handled in accordance with the manufacturer's specifications or guidance provided by the FLETC-OAO Safety Office.

5. EXPLOSIVES AND OTHER HAZARDOUS MATERIALS

a. The Contractor shall provide instructions to its workers before beginning any operation involving t h e use or storage of explosives or other hazardous materials, to include protective measures and equipment required, and symptoms of exposure. The instructions shall inform the employee of action and procedures to be followed in event of spills, leaks, fire, overexposure and any other type of emergency response action the Contractor deems warranted. The Contractor shall provide the appropriate personal protective equipment (PPE) to its workers to perform the required tasks. When personal protective equipment is required the Contractor shall ensure its employees are qualified and trained in the proper use and care of the equipment.

b. An explosive safety program shall be established in accordance with 29CFR1910.109, ‘Explosive and Blasting Agents.’ The program shall cover storage and handling of all shotgun, rifle, pistol, or revolver cartridges and cartridges for propellant-actuated power devices and industrial guns. The Contractor shall maintain ordnance handler’s qualification and certification current and in accordance with requirements contained in 29CFR1910.

c. Personnel shall not be exposed to levels of toxic materials including nuisance particulate, in excess of the most stringent limits published in the latest edition of 29CFR1910.

d. Personnel exposed to toxic or hazardous materials or spills shall be monitored in accordance with requirements contained in 29CFR1910.

6. HAZARD ABATEMENT

a. Occupational health and industrial hygiene functions shall be conducted by the Contractor in accordance with 29CFR1910. Results of inspections or test samplings shall be synopsized by the Contractor in monthly written reports to the FLETC-OAO Safety Office. The reports shall provide recommended engineer or administrative abatement action for identified hazardous conditions. The use of personal protective equipment shall be considered only when engineering or administrative abatement is not realistic or suitable.

Safety training records, mishap reports, and other deliverables shall be prepared and forwarded to the FLETC- OAO Safety Office.

b. Hazardous materials handling, storage, training, and communications shall be conducted in accordance with applicable statutes, regulations and instructions.

c. Unsafe or unhealthful working conditions shall be documented and handled in accordance with

29CFR1910.

d. Mishap investigation and loss prevention shall be handled in accordance with 29CFR1910. Copies of mishap reports shall be provided to the Contracting Officer or the COTR within 24 hours of each mishap.

The Contracting Officer and/or COTR will coordinate all reports with the FLETC-OAO Safety Office.

e. Respiratory protection program shall meet 29CFR1910.134, 29CFR1910.1025, and Appendix D

29CFR1910.1001

f. Asbestos containing material operations shall be conducted in accordance with 29CFR1910.1001.

g. Noise and personal protective equipment programs shall be conducted in accordance with 29CFR1910. The Contractor shall conduct an annual noise hazard survey of all buildings and facilities. Results of surveys or test samplings shall be synopsized by the Contractor in monthly reports to the FLETC-OAO Safety Office. The reports shall provide recommended engineering or administrative abatement action for identified noise hazard conditions.

h. Sight conservation program shall be conducted in accordance with 29CFR1910.

i. Lead control program shall be conducted in accordance with 29CFR1910.1025 and FLETC Safety

Program Manual 70-09.

j. An explosives safety program shall be established in accordance with 29CFR1910.109.

7. COMPLIANCE

a. Violations of safety statutes, regulations, manuals, directives, instructions, and good safety practices by the Contractor or the Contractor’s employees will not be tolerated by the Government.

1. The Contractor shall be accountable for all safety hazards resulting from inappropriate actions by the Contractor including faulty facilities maintenance and acts of negligence. For any such hazards created, the Contractor shall be liable for all corrective action expenses, including any and all fines or fees levied.

2. The Contractor shall be held responsible for all safety hazards resulting from waste generated or spills caused by Contractor personnel actions, negligence, or faulty facility maintenance. The Contractor shall be liable for all cleaned up expenses, including any and all fines or fees levied.

b. The Contractor shall make its premises available to the Government for periodic safety and industrial hygiene inspections.

8. REPORTS AND OTHER DELIVERABLES

a. Site Health and Safety Plan

b. Safety and Industrial Hygiene Inspection Report

c. Hazard Deficiency Abatement Report

d. Occupational Injuries and Illnesses Report

e. Mishap Reports

f. Noise Hazard Survey Report

g. Medical Surveillance Plan

h. Monthly Solid Waste Disposal Report

9. PERSONAL PROTECTIVE EQUIPMENT (PPE)

The Contractor shall provide Contractor personnel with the appropriate PPE training and monitor Contractor personnel for compliance with the proper use and integrity of the PPE and equipment used to safely perform the tasks of this contract involving hazardous material.

Section IV ENVIRONMENTAL

1. SCOPE

The Contractor shall establish and maintain a Hazardous Substance Management System (HSMS) for total life cycle control, or “cradle to grave” management, of all hazardous materials utilized by the Contractor, and all hazardous wastes generated at the FLETC-OAO. The required services include, but are not limited to, logistic and assist functions for identifying, labeling, handling, tracking, packing, storing and transporting hazardous materials, explosives, and hazardous wastes. NOTE: Wherever the statement “all hazardous material” appears hereafter, it applies only to hazardous materials utilized by the Contractor in performance of the requirements of this contract.

2. PERFORMANCE REQUIREMENTS

a. To establish the HSMS, the Contractor shall develop uniform policies and procedures for effective management and control of all hazardous materials and hazardous waste currently at, or in the future, located at the FLETC-OAO.

b. The policies and procedures shall govern all hazardous material as it is received, stored, collected, and issued (for on-site use). The policies and procedures shall also regulate the collection and handling of hazardous waste for off-site shipment and disposal.

c. The Contractor shall ensure that all hazardous material shipments received are accompanied by a safety data sheet (SDS). There shall be no incident of receiving any hazardous material shipments without an

SDS.

d. The Contractor shall ensure that all hazardous materials and explosive shipments for off-site transportation are properly packed, crated, marked, labeled, placarded, and documented on a Uniform Hazardous Waste Manifest and certified by authorized personnel in accordance with applicable regulations.

e. The Contractor shall verify the receipt and distribution of material upon arrival at the FLETC-OAO or designated secondary shipment point. All receipts will be routed to the Government point of contact for verification. Hazardous cargo shall be handled by trained and qualified personnel. All hazardous material shall go directly for processing. 100% of receipts shall be stored properly. 100% of issues shall be properly made.

3. PERSONAL PROTECTIVE EQUIPMENT (PPE)

The Contractor shall provide Contractor personnel with the appropriate PPE training and monitor

Contractor personnel for compliance with the proper use and integrity of the PPE and equipment used to safely perform the tasks of this contract involving hazardous material.

4. HAZARDOUS MATERIALS COMMUNICATION PROGRAM

The Contractor shall:

a. Develop a written Hazardous Communication Program that meets the requirements of 29CFR1910.1200. The written program shall be site-specific to the Federal Law Enforcement Training Center, Artesia, New Mexico.

b. Operate and maintain an automated HSMS. This will consist of loading all chemical data, to include

SDS information, chemical constituent information, chemical usage, inventory, tracking, ordering i n f o r m a t i o n receipts of materials and disposal information for materials used by the Contractor only in the performance of this contract.

c. The Contractor will conduct a complete inventory of all work areas where hazardous materials are located or used. This information will be placed into an approved electronic format, updated and kept current.

The Contractor will be responsible for maintaining a perpetual inventory thereafter. This will be accomplished by developing and implementing a pre-approval procedure for chemical and hazardous materials purchased and used at the FLETC-OAO.

d. During the workplace inventory, the Contractor will ensure proper storage of existing chemicals.

The Contractor shall correct any incompatible storage (based on flash point, acids, oxidizers, corrosives) of chemicals on the spot. The Contractor shall provide the Environmental and Safety Office with a list of workplaces that require flammable or corrosive storage lockers.

e. The Contractor shall be responsible for labeling all chemicals that have not been labeled, including secondary containers, using only FLETC-OAO supplied labels. The Contractor shall establish a SDS master file of all chemicals used on FLETC-OAO. If a SDS is not available with the product upon receipt of the order, the Contractor shall contact the manufacturer of the product and obtain the SDS. The product will not be introduced for use until the SDS is received. The Contractor shall develop a SDS binder for each worksite area. Prior to ordering, receiving, or adding chemicals to the FLETC-OAO HSMS database system, the Contractor will verify that the material has been approved for use by the FLETC-OAO Environmental Office.

5. AUTHORIZED USE LIST

a. Once the Contractor has submitted a list of materials, and other pertinent information, to be used during the execution of this contract, the FLETC-OAO Environmental Office will review for possible approval.

If products are approved, this will constitute the Contractor’s authorized use list.

b. If the Contractor desires to change products for any reason, the change must be approved by the

FLETC-OAO Environmental Office prior to purchase of the product

6. SAFETY DATA SHEETS (SDS)

a. For the Contractor’s storage site at the FLETC-OAO where hazardous materials are located, the Contractor shall maintain an accurate SDS binder/file. A current inventory shall be maintained (for a particular work/storage location) of all hazardous materials, chemical substances, or components known or suspected to contain hazardous materials, which have been authorized for use at that worksite. Each hazardous material on the list is assigned a unique identifier that relates it to a SDS with the same identifier.

b. The Government (FLETC-OAO Environmental Office) is the approving official of any and all hazardous materials on the FLETC-OAO.

7. HAZARDOUS WASTE MANAGEMENT

a. The Contractor is responsible for ensuring compliance with all requirements governing the handling of hazardous waste. The disposal of all hazardous/potentially hazardous materials (i.e. paints, cleaning products, solvents, thinners, rags, brushes, rollers, lead, propellants, etc.) shall be accomplished in accordance with the FLETC-OAO Hazardous Waste Management Plan. The Contractor shall also comply with all EPA Hazardous Waste Regulations, New Mexico Hazardous Waste Regulations for all nonhazardous and hazardous waste management, disposition, and disposal.

b. The Contractor shall submit a hazardous waste management plan that conforms to the FLETC-OAO

Hazardous Waste Management Plan 14 days prior to the start of the contract for approval. The Contractor shall have an approved hazardous waste management plan before the Contractor can begin work.

c. The Contractor shall not remove or ship hazardous waste from the FLETC-OAO. Only designated individuals from the FLETC-OAO Environmental Office are authorized to sign the Hazardous Waste Manifest as the generating activity. Hazardous waste shall be managed and collected in strict accordance with the FLETC-OAO Hazardous Waste Management Plan. The FLETC-OAO Environmental Office shall dispose, transfer, and transport hazardous waste generated by the Contractor.

d. The Contractors’ Environmental Representative shall be responsible for the proper segregation, packaging and handling of hazardous waste in accordance with the FLETC-OAO Hazardous Waste Management Plan.

e. The Contractor shall coordinate through the FLETC-OAO Environmental Office for all hazardous waste storage, transportation, and disposal. A Waste Information Document (WID) shall be provided by the Government for each waste stream per the Hazardous Waste Management Plan.

f. All containerization, labeling and storage of waste shall be in accordance with the FLETC-OAO

Hazardous Waste Management Plan.

g. Hazardous waste shall be stored at designated satellite accumulation areas (SAA) established by the FLETC-OAO Environmental Office. When the waste stream reaches 50 gallons it shall be transported, within 72 hours, to the 270-day accumulation site. It is the Contractor’s responsibility to notify the FLETC-OAO Environmental Office. The Government shall then transport the waste.

h. The Contractor shall coordinate with the FLETC-OAO Environmental Office, who shall provide guidance and assistance with the identification of waste streams and disposal.

i. The FLETC-OAO Environmental Office shall assist in designating storage locations, SAA, providing labels and waste transfer documents, and shall conduct daily inspections of SAA using the SAA inspection checklist.

j. All waste disposal accomplished through the 270-day accumulation site shall be the responsibility of the FLETC-OAO. The Contractor shall be responsible for proper segregation, identification and classifying of his waste stream.

k. The Contractor shall provide documentation to the FLETC-OAO Environmental Office within 14 days of the award of the contract showing that employees have received Hazardous Waste Training, conducted by qualified personnel.

l. The Contractor shall provide the FLETC-OAO Environmental Office with a copy of all hazardous waste documentation annually or upon request.

8. ENVIRONMENTAL NON-CONFORMANCE

a. Any time the Contractor or their employees violate an EPA, State of New Mexico or FLETC-OAO environmental regulation the Contractor is contractually bound to conform and correct any environmental discrepancies immediately.

b. All environmental fines or violations imposed on the FLETC-OAO by any environmental regulatory body as a result of the Contractor’s non-compliance shall be the Contractor’s responsibility. The Contractor shall be billed by the FLETC-OAO for the full amount of the fine and for any administrative cost associated with the violation. The Contractor is also responsible for any corrective actions imposed by the authority.

Section V INDOOR AIR QUALITY MANAGEMENT

a. The Contractor shall aggressively work to maintain clean indoor environments through best management practices (examples: cleanliness, humidity control, temperature control, scheduled cleaning, scheduled maintenance, repair of water leaks, etc.).

b. The Contractor’s maintenance staff and all supervisors shall have a copy of the "Building Air

Quality: A Guide for Building Owners and Facility Managers" (http://www.cdc.gov/niosh/baqtoc.html) published by the EPA. The Contractor and management staff shall implement the guide with strict attention to Chapter 5 of the manual “Managing Buildings for Good IAQ.”

c. The Contractor shall develop an Indoor Air Quality Management Plan for all buildings under their responsibility and submit the plan 14 days prior to the contract.

Section VI CONTRACTOR FURNISHED MATERIALS AND EQUIPMENT

1. CONTRACTOR REQUIREMENTS

a. Unless otherwise specified herein, the Contractor shall furnish all supplies, materials, and equipment necessary for the performance of work under this contract. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards and, to the extent feasible and reasonable, include the exclusive use of environmentally-preferable products. All supplies, materials, and equipment to be used in the performance of work described herein are subject to the approval of the COR.

b. The Contractor shall comply with all applicable provisions of the Federal Hazard Communication

Program (29CFR1910.1200). Within 14 days of receipt of materials or products for which a Safety Data Sheet (SDS) has been promulgated by the manufacturer, the Contractor must provide the COR with a valid copy of the SDS for each hazardous material in use or stored on the FLETC-OAO. The Contractor shall provide the COR with the approximate quantities (i.e., 10%) and the location(s) of all hazardous materials stored by the Contractor. The Contractor must update this information at least once each quarter or more frequently when quantities for any hazardous material change by more than ten percent for any single product and submit to the COR. The Contractor shall maintain accounting for all hazardous materials used and provide the accounting in volume upon request by the COR.

c. The Contractor must submit to the COR a list indicating the name of the manufacturer, the brand name, and the intended use of each of the materials, chemicals, and compounds proposed for use in the performance of its work. The Contractor shall not use any materials, chemicals, or compounds which the COR determines would be unsuitable for the intended purpose or harmful to the surfaces to which applied, or, as might be the case for such items as paper or soap products, unsatisfactory for use by occupants. Whenever practical and no deviation from Federal specifications or standards results, the Contractor shall utilize products and material made from recovered materials (e.g., recycled paper and paper products) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end http://www.cdc.gov/niosh/baqtoc.html)

REVISED (APRIL 2015)

user. For the recycled content products evaluation, all non-chemical products proposed for use under this contract must conform to the Environmental Protection Agency (EPA) Comprehensive Procurement Guide (CPG) if the products are CPG-designated items. It is desirable for products that meet the desired objective (e.g., ability to clean effectively) and are not CPG-designated items to contain the highest-possible amounts (by percentage) of recovered material(s) and post-consumer content.

d. The successful Offeror shall be required to meet or exceed the below-listed mandatory

“Environmental Preferability” submission criteria required in and incorporated into the Contractor’s cleaning operations for all of the chemical cleaning products used during the performance of the contract.

e. The offered products must meet the required consistencies stated below:

1. Bathroom tissue - The bathroom tissue must contain at least 100% recovered materials and

50% post-consumer content.

2. Toilet seat covers - Toilet seat covers must contain at least 100% recovered materials and

3. Paper towels - The paper towels must contain at least 100% recovered materials and 40% post-consumer content.

4. General purpose industrial wipes - The general purpose industrial wipes must contain at least 100% recovered materials and 40% post-consumer content.

5. Plastic trash bags - Plastic trash bags must contain at least 25% post-consumer content.

6. Proposed environmentally-preferable chemical cleaning-products which must be selected in accordance with the criteria of this solicitation. At a minimum, the plan must identify products by brand name for each of the following product types:

(a) All-purpose cleaner

(b) General degreaser

(c) General disinfectant

(d) Graffiti remover

(e) Chrome and brass cleaner/polish

(f) Glass cleaner

(g) Furniture polish

(h) ) Floor stripper

(i) Floor finisher

(j) Carpet cleaner

(k) Solvent spotter

(l) Gum remover

(m) ) Wood floor finish

(n) ) Bathroom hand cleaner/soap

(o) ) Bathroom disinfectant

(p) Bathroom cleaner

(q) ) Bathroom deodorizers

(r) Urinal deodorizers

(s) Lime and scale remover

NOTE: Contractors may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

f. The product attributes for the proposed product brands in each of the above categories must be summarized on the form included in the solicitation package. Once this list of products has been approved by the Contracting Officer, the Contractor is responsible for using only those approved cleaning chemical products in the building. If for some reason the product is found later to be ineffective, or the Contractor would otherwise like to propose an alternative product, or, if the Contracting Officer would like to propose a more “environmentally preferable” product, either the Contractor or Contracting Officer may propose for consideration an “equal” product through a joint agreement with the Contracting Officer upon approval of the FLETC-OAO Environmental Office. The Contracting Officer is the final decision maker for such substitutions and must approve each in writing.

g. Any material which the COR suspects does not meet federal specifications or standards shall be tested at the Contractor's expense by an independent testing laboratory qualified to perform such tests as are required. A copy of the laboratory report giving the results of the test and a sample of each product, if requested, shall be submitted to the COR. These products shall meet the requirements established by applicable federal specifications and standards or be considered unacceptable for use.

h. The Contractor must provide the appropriate antibacterial soap for all existing restroom soap dispensers.

i. The Contractor shall furnish all necessary cleaning equipment including: power-driven floor-scrubbing machines; waxing and polishing machines; for carpet cleaning, vacuum cleaners equipped with high efficiency particulate air (HEPA) filters able to trap at least 99.97 percent of all airborne particles that are collected by the vacuum cleaner; vacuums capable of vacuuming liquids; and all other equipment that may be needed for the performance of work under this contract. Such equipment shall be of the size, type, and condition customarily used in this work, shall conform to all applicable safety codes, and shall meet the approval of the COR. Defective equipment shall be brought to the attention of the COR within two hours of knowledge by the Contractor, and repaired or replaced at the Contractor's expense within 72 hours. NOTE: Equipment p o w e r e d by combustion engines (e.g., gasoline, propane, CNG, diesel) shall not be authorized for use or storage in areas other than locations approved, in advance, by the COR. All storage locations and/or facilities shall be assigned to the Contractor by the COR.

j. For each product used, the Contractor shall develop product use and cleaning guides which define standard operating procedures for instructing staff in the following areas: the proper use, storage, and disposal of cleaning products; proper cleaning procedures; proper operation of equipment; and other procedures/instructions to accomplish work under this contract.

k. The Contractor shall provide a quarterly list/report to the COTR of all environmentally preferred products (tissue products, toner cartridges, concrete, landscaping timbers, cleaning products). The report shall contain the following as a minimum:

1. The total dollar amount used on the above items

2. The dollar amount of recovered materials used (recycled) on the above items

3. If not able to purchase recovered materials, why not

l. The Contractor shall adhere to the HazMart Operations Guide and they must have all hazardous materials approved by the FLETC-OAO Environmental Office before purchasing the product.

2. CONTRACTOR PROCUREMENT PROGRAM

a. The Contractor must implement a comprehensive affirmative procurement program for the purchasing of environmentally-preferable products and products made with recovered materials to the m a x i m u m extent possible. The Contractor shall detail how it intends to keep abreast of the development and increasing availability of environmentally-preferable products and how any new or improved products shall be incorporated on an ongoing basis into contract performance. The Contractor shall also indicate how, at a minimum, it shall conform to the Comprehensive Procurement Guidelines (CPG) published by EPA with r e s p e c t to recovered material products. The Contractor shall update its program to accommodate CPG revisions. The Contractor shall estimate the quantities of recycled-content and environmentally preferable products that shall be purchased during the term of this Contract and provide an annual accounting of all products used. The accounting shall be updated each month to provide information for data calls.

b. The Contractor shall use “biobased” products and services. Biobased products are products determined by the US Department of Agriculture (USDA) to be commercial or industrial products (other than food or feed) that are composed in whole, or in significant part, of biological products or renewable domestic agricultural materials (including plant, animal, and marine materials) or forestry materials. All Offerors shall submit with their initial proposal a complete list of products that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor shall submit a complete list of products purchased to carry out the contract requirements. The products list shall be organized into the following three categories:

(1) Biobased products

(2) Green products

(3) All other products

c. The Offeror shall list volume to be used and total cost for each individual product in each category.

See the USDA website: http://www.biobased.oce.usda.gov for more information.

3. WASTE MINIMIZATION

a. The Contractor shall define and establish a waste minimization and recycling program to minimize the Contractor’s on-site generation of non-recyclable waste generated during contract performance. The program must also enhance the separation of recyclable materials from the non-recyclable wastes generated throughout the buildings with collection points and/or post-collection points for separation of recyclable materials. The program must:

1. Define procedures for monitoring the volume of waste managed and recyclables recovered;

2. Define activities to promote occupant participation and discourage contamination of recovered materials;

3. Address measures to be taken to ensure that the Contractor’s personnel observe and promote the program, and;

b. Establish effective procedures relative to the recovery and recycling of the following materials, at a minimum:

http://www.biobased.oce.usda.gov/

1. Aluminum containers (e.g., beverage cans);

2. Telephone and other books;

3. Scrap metal, including steel containers; and

4. Batteries

4. HAZARDOUS MATERIALS STORAGE

The Contractor shall define proper procedures for the storage of hazardous materials in conformance with good housekeeping practices, the NFPA, and applicable federal and municipal regulations. The plan shall define proper procedures for the identification and disposal of hazardous wastes in accordance with RCRA regulations and FLETC-OAO requirements.

Section VII ENVIRONMENTAL PREFERABILITY SUBMISSION

CONTRACTOR’S ENVIRONMENTAL PREFERABILITY SUBMISSION

a. This section details what Offerors must include in their technical proposals called the “Environmental Preferability Submission.”

b. Introduction: In September, 1998, the President issued Executive Order 13101, Greening the

Government through Waste Prevention, Recycling, and Federal Acquisition. Accordingly, this solicitation requires that Offerors provide information allowing the FLETC-OAO to evaluate and verify the Environmental Preferability characteristics of chemical cleaning products, supplies, and materials required in performance of this contract. This solicitation also requires that Offerors identify which products, supplies, and materials used under this contract shall contain recycled content, as mandated by the U.S. Environmental Protection Agency (EPA) through EPA’s publication of the Comprehensive Procurement Guideline (CPG). Finally, Offerors are being asked to address federal recycling mandates by proposing a strategy to manage and enhance waste minimization and recycling within the Federal buildings.

c. Definitions:

1. Environmentally preferable means that a product or service has a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.

2. Chemical cleaning products are the cleaning products, supplies, and materials required in performance of this contract.

3. Recycled content products are products which are made with waste materials and by-products that have been recovered or diverted from solid waste.

d. Helpful resources: Useful guidance for identifying product brands having one or more environmentally preferable attributes can be found at EPA’s website, “The Cleaning Products Pilot Project,” at http://www.epa.gov/opptintr/epp/purchaser.html. Offerors are also directed to the General Services Administration (GSA) “Think Green” website, found at http://pub.fss.gsa.gov/environ/index.html, from which there is a link to the GSA’s “Environmental Products Guide” and other potentially helpful sites. Please note that Offerors are not permitted to purchase off of the GSA’s Federal Supply Schedule, which is reserved for government agencies. However, these GSA materials may provide Offerors with an additional source of potentially compliant product brand names.

http://www.epa.gov/opptintr/epp/purchaser.html http://pub.fss.gsa.gov/environ/index.html

REVISED (APRIL 2015)

e. Mandatory and desirable characteristics--chemical cleaning products: The FLETC-OAO has established both mandatory characteristics and desirable characteristics for evaluation of five (5) representative categories of chemical cleaning products.

products.

1. Mandatory (i.e., “Pass/Fail”) characteristics are those that must be achieved by the

2. Desirable characteristics are those that, to the degree achieved by a product beyond the mandatory requirements in a given product category, shall result in more favorable consideration of that product category under the “Environmental Preferability” component of the evaluation.

3. Offerors shall provide a safety data sheet (SDS), equivalent information, and/or any additional information specifically requested for each product offered in the product categories set forth below to enable the FLETC-OAO to evaluate both mandatory and desirable characteristics with respect to that product.

4. Failure to submit an SDS, equivalent data, or any other information required to substantiate claims made about one or more offered products shall be deemed the same as failing to meet the mandatory criteria for that product category and may result in the Government excluding an offeror’s proposal from further consideration.

5. Mandatory and desirable characteristics--recycled content products: In accordance with the

EPA’s CPG, the FLETC-OAO also has established both mandatory and desirable characteristics, as defined above with respect to chemical cleaning products, for evaluation of the offered recycled content products. As noted above, failure to meet the mandatory criteria for any of those product categories and may result in the Government excluding an offeror’s proposal from further consideration.

6. Waste minimization and recycling strategy: Offerors also are required to propose a waste minimization and recycling strategy in this portion of their proposals. Failure to address this shall result in a proposal being considered incomplete, and, accordingly, may result in the Government excluding the proposal from further consideration.

f. Chemical cleaning product categories: The FLETC-OAO shall evaluate the mandatory and desirable characteristics of products in five (5) designated chemical cleaning product categories listed below.