Attachment 1 Statement of Work REV51022.pdf

Attachment 1: Statement of Work

STATEMENT OF WORK

Revised May 10, 2022

I. INTRODUCTION/BACKGROUND

The Uniformed Services University of the Health Sciences (USUHS) is the Nation's federal health sciences university and is committed to excellence in military medicine and public health during peace and war. USUHS does not own or operate an EPA-permitted Treatment, Storage or Disposal Facility, but instead is a large-quantity generator of hazardous/acutely-hazardous wastes with its own Environmental Protection Agency (EPA) Generator ID Number (NOTE: USUHS'

GENERATOR EPA I.D. NUMBER SHALL BE PROVIDED TO THE CONTRACTOR FOR USE

ON THE MANIFESTS); accumulating hazardous/acutely hazardous wastes on site in compliance with Code of Maryland Regulation (COMAR) 26.13.03.05E and/or other local, state, or federal statutes, regulations.

As a medical school, that includes several multi-disciplinary research laboratories. USUHS has hazardous/acutely hazardous and regulated wastes which generally consist of excess/surplus/spent laboratory chemicals (usually in small quantities ranging from grains/milliliters up to one gallon or five - liter bottles) and bulk waste solvents/oils from laboratories or support service units (usually in containers of five gallon (5 gal.), fifteen gallon (15 gal.), thirty gallon (30 gal.), and fifty-five gallon (55 gal.) volumes).

II. SCOPE OF SERVICES

The contractor shall provide hazardous, non-hazardous chemical and universal waste disposal services. USUHS personnel will package and prepare materials for shipment. The contractor will inspect materials packaged and prepared by USUHS to confirm compliance with applicable regulations. The contractor shall provide qualified personnel necessary for the preparation, labeling, placard, manifesting, transporting and disposal of waste materials specified in this contract. All services shall be provided in accordance with local, state, and federal regulations.

a. The contractor shall furnish their own items/services for packaging and sorting of wastes, including providing appropriate containers meeting the current 49 CFR 172 requirements and qualified personnel necessary for preparation of labeling, placard, manifesting, transporting and disposal of waste materials specified in the contract. The contractor will bill at a fair rate for the items used in a line item bill.

b. The contractor will be responsible for the handling of the manifest, land ban/LDR, Bill Of

Lading, and/or any other documents needed for a hazardous, non-hazardous and universal waste pick up. The contractor will also be responsible for properly filling out the Biennial Reports for USUHS and bill USUHS at a fair hourly rate to complete these reports on time in accordance with MDE/EPA regulations. The USUHS COR shall retain responsibility for signing as the generator on manifests.

c. The contractor will serve as the broker to the hazardous waste facility and send all profiles, lab pack sheets, documents to the facility for approval and schedule a pick up date with the facility at a time that is feasible for both the facility and USUHS personnel. USUHS personnel will email all profiles and lab pack sheets and other information necessary for the contractor to perform this task.

d. The contractor shall be present on the day of the pick-up and ensure all paperwork is filled out properly and completed with all local, state and federal guidelines.

e. All services shall be provided in accordance with local, state and federal regulations.

f. Specified services shall be provided by the contractor at the sites listed below, located in Bethesda, MD.

The sites where pick-up will occur are listed below:

1. Uniformed Services University 4301 Jones Bridge Road, Building 74, Bethesda, MD

20814-4799

2. Armed Forces Radiobiology Research Institute (AFRRI) 8901 Wisconsin Avenue

Building 42 Bethesda, MD 20889-5603

3. Uniformed Services University Bldg. 53 4301 Jones Bridge Road Bethesda, MD 20814-4799

III. DEFINITION

"Hazardous/acutely hazardous wastes" as used in this document encompasses both the definition in the Resource Conservation and Recovery Act (RCRA) of "a solid waste” and 40 CFR 260 - 261 (i.e., liquids, semisolids and compressed gases that may cause or significantly contribute to serious illness, death or that may pose a substantial threat to human health, property, or the environment if managed improperly).

As well as the current EPA expanded definition as amended to mean a solid waste that is not excluded from regulation and that Exhibits one or more of the characteristics of a hazardous waste, such as, ignitability, corrosive, reactivity, or toxicity/toxicity characteristic leaching procedure (i.e., if testing confirms that the waste is hazardous); Is inherently waste-like (i.e., contains toxic constituents not found in raw materials or products and thereby posing a substantial risk to health or the environment; Is listed as a hazardous and/or an acutely hazardous waste; Is a mixture of solid waste and one or more of the listed hazardous and/or acutely hazardous wastes; Is disposed of, burned, incinerated, accumulated, stored, or treated (but not recycled) before burning or disposal;

Is listed as a "non-regulated" USUHS chemical or article outlined within but not necessarily limited to this Statement of Work; or Is recycled in a manner-constituting disposal, burned to recover energy, produce a fuel, or accumulated speculatively.

NOTE: IN REGULATING CERTAIN RECYCLING PRACTICES, EPA STATES THAT THE

MATERIAL MUST BE IDENTIFIED AND THE RECYCLING PROCEDURE KNOWN

BEFORE DETERMINING WHETHER IT IS HAZARDOUS WASTE. THE EPA HAS

IDENTIFIED THE FOLLOWING SECONDARY MATERIALS GENERATED FROM

RECYCLING ACTIVITIES AS HAZARDOUS:

Spent materials are unfit for further use without being regenerated, reclaimed, or reprocessed.

Sludge is defined as air and wastewater treatment residues or other residues from pollution control operations.

By products or non-primary products that are generated incidentally and that are not intended for any use. Commercial chemical products, such as non-specification variants, spill and container residues.

IV. CONTRACTOR QUALIFICATION REQUIREMENTS

The contractor shall be solely responsible for obtaining all necessary licenses, training, and permits, and for complying with all applicable Federal, State and local laws, codes, and regulations in connection with the execution of the work to be performed under this contract. Contractor must provide packaging materials and services IAW the Resource Conservation and Recovery Act (RCRA) and Department of Transportation (DOT) regulations for the listed and characteristic hazardous wastes generated by the university.

The contractor shall, possess a current EPA-issued Acknowledgement of Notification of Hazardous Waste Activity (EPA Form 8700- l 2A) that identifies the contractor by name, address, and EPA ID Number. Whether the contractor is currently operating under Resource Conservation and Recovery Act Interim Status (Part A, Permit Application filed), whether the contractor is presently operating under a Resource and Conservation Recovery Act Permit (Part B, Permit Application approved) or whether the contractor treated, disposed of, or recycled hazardous, acutely-hazardous, regulated, wastes on site in units exempt from Resource Conservation and Recovery Act-permitting requirements as applicable (i.e., Clean Air Act, Clean Water Act, National Emissions Standards for Hazardous Air Pollutants, Safe Drinking Water Act).

This contract shall cover all Resource Conservation and Recovery Act (RCRA) hazardous waste, universal waste and non-hazardous waste as determined by USUHS. Normally, this includes waste generated by typical university/research operations. A specific waste disposal-pricing list will be generated by the Contractor. This list may be updated, but only through written modification by a Contracting Officer.

All waste shall be handled in accordance with EPA (40 CFR, Parts 260, 261, and 262 - 279) and DOT (49 CFR) Regulations in addition to F.A.C. 62-730. All packaged waste shall be properly labeled and transported to a TSDF by an EPA-permitted transporter, licensed for transport in all applicable states. Waste shall be manifested in accordance with the most current EPA and DOT regulations and guidelines. Generator's original manifest copy shall be supplied to the USUHS at the time of shipment. In addition, a detailed inventory of all chemicals packaged by the contractor shall be furnished, consisting of waste name, EPA hazardous waste code, and quantity of waste, to the USUHS Contracting Officer’s Representative (COR). Should state/local laws/regulations conflict with Federal regulations, the more stringent standard(s) shall take precedence.

The contractor shall provide the COR a "Certificate of Disposal" of all waste within 30 days of shipment, detailing the specific disposal method used. The contractor must ensure that all hazardous and non-hazardous wastes are disposed of properly to avoid the possibility of a fine or penalty by Federal and State environmental agencies.

The Contractor shall obtain and prepare all required documents (i.e., hazardous waste manifests, waste analysis or characterization forms, profile and profile addendum forms, land disposal restriction notification forms, packing slips, permits, licenses) required to legally transport, store, treat and dispose of USUHS waste chemicals hazardous and acutely hazardous, regulated, or "non-regulated") described herein.

The Contractor shall provide necessary materials and ensure compliance with all current, applicable DOT regulations (49 Code Federal Regulations (CFR) including compliance with the HM-181 Hazardous Materials Uniform Transportation Safety Act) pertaining to hazardous waste materials drop, leak testing, packaging, labeling, marking, and including proper transport vehicle placard.

The Contractor shall utilize handling methods, which meet or exceed DOT/EPA/OSHA regulations and ensure the relative applicable and appropriate protection of human health, property, and the environment with regard to laboratory or lab pack chemicals. The contractor shall follow the guidelines outlined in the Compressed Gas Association, Inc. Pamphlet #P1, "Safe Handling of Compressed Gases in Containers" or the equivalent.

The contractor's personnel who are loading hazardous materials at USUHS shall have successfully completed the OSHA required training for hazardous waste operations and emergency response training (29 CFR 1910.120). Training certificates must be provided to the COR for all contract or subcontract personnel.

The contractor shall immediately transport USUHS' chemical wastes described herein to a designated EPA approved or permitted treatment, storage, or disposal facilities or EPA approved or licensed recyclers (those having successfully met or having exceeded the contractor's environmental compliance audit regarding recyclers).

The contractor shall provide a hazardous waste management plan as part of their proposal.

Contractor shall assume responsibility for prompt decontamination, clean up of any leaks, spills, chemical reactions that may result incidental to the removal, transportation, storage of the hazardous materials included in this disposal contract, including reportable quantity notification (40 CFR Parts 112, 117, 355) and for regulated and “non-regulated” materials/chemicals as relevant, applicable, and appropriate.

The contractor must demonstrate a continuous practice of performing all operations in a prudent, conscientious, safe, and professional manner. At a minimum, the contractor must comply with all safety requirements set forth in applicable State, Federal, and Local Laws and Regulations and ensure that its agents, employees, and subcontractors perform the work in a safe manner.

The contractor shall ensure that all personnel 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 particular, in the areas of chemical incompatibility, general first aid procedures and spills. Handling and personnel protective equipment shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste.

The contractor agrees that personnel and equipment are subject to safety inspections by USUHS personnel and state authorities while on USUHS property. The contractor must also have a Medical Surveillance Program for employees involved in the direct handling and/or exposure to the chemical waste. The contractor must submit certification of the Medical Surveillance Program, prior to award of the contract.

The contractor must have a current controlled hazardous substance Hauler Certificate from the Maryland Department of the Environment before transporting it to a facility within Maryland or from a source within the State as required in Maryland, COMAR 26.13.04.

The contractor shall notify the COR, at the earliest possible time, not to exceed 24 hours of the event or incident of noncompliance involving EPA, state or Federal citations.

Provide the COR with information requested regarding specific regulations, technical issues, disposal technology, and industry trends for any specific USUHS waste.

The Contractor is responsible for ensuring their containers and vehicles are suitable for transportation IAW current Department of Transportation (DOT) regulations and TSDF acceptance.

The Government reserves the right to challenge the Contractor's choice of TSDF when repackaging is required in order to meet container acceptance criteria.

Treatment, disposal, or release of gases to the atmosphere on Government premises is not permitted by this contract. The Contractor may perform gas extraction using a self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

V. SCHEDULING

All scheduling will be in accordance with the Ordering instructions, Attachment 2.

Disposal pick-ups are to be scheduled during normal business hours, 7:00 a.m. to 3:30 p.m., Monday through Friday, excluding federal holidays.

Pick- ups outside of normal business hours may only be done with the approval of the COR.

The contractor shall remove USUHS' acutely-hazardous and hazardous wastes within seven (7) working days from the date of notification issued by USUHS as specified within the clause as necessary to comply with the 90 day on-site accumulation time requirements (40 CFR 262.34), and accordingly document this for administrative purposes.

The average amount of hazardous waste per pick up is 6,000 lbs.

The amount of waste produced annually is 25,000 lbs.

VI. MANIFEST, CERTIFICATE OF DISPOSAL AND REPORTS

The contractor shall manifest all hazardous waste shipments in accordance with the applicable laws and regulations in effect at the time of contract award, or that become effective during the period of performance. The contractor shall verify that all information is accurate and correct before completing the document and before the generator signs the manifest. Copies of the manifest shall be provided to the COR, in accordance with applicable state, local and federal regulations.

The contractor shall provide (via computerized database and paper originals/copies) a tracking network to clearly document the movement of USUHS' hazardous/acutely- hazardous, regulated, and "non-regulated" material, substance and waste chemicals from the USUHS campus to final regulatory disposal.

The contract shall provide copies to the generator of all Certificates of Disposal/Certificates of Recycling specifically traceable to USUHS' manifested shipments are to indicate USUHS container information, method of disposal, date of disposal and location/site of disposal.

The contractor shall provide Certificates of Disposal/Recycling are to be furnished as soon as possible but not later than one month from the date hazardous/acutely-hazardous, regulated, and/or "non-regulated" materials, substances, or waste chemicals are removed from the USUHS campus.

The contractor shall prioritize treatment as a disposal technology over the option of chemical land filling. However, if there is a lack of available treatment technology, the USUHS chemical waste is placed in a secure chemical landfill, the location of placement, cell number and grid coordinates shall be provided within the Certificate of Disposal.

The contractor shall provide to the designated point of contact, within 30 calendar days, a completed chemical waste analysis forms/reports and other documents pertinent to the proper regulatory management, tracking, and documentation of waste chemicals handled and disposed of under this contract.

The contractor shall provide applicable completed forms for the biennial hazardous waste report to the Maryland Department of the Environment required for generators of hazardous waste who ship waste off site by Maryland regulations (COMAR 26.13.03.06) no later than March 1 of each even number year in which the contract has been in force. USUHS may provide previous biennial report(s) to the contractor as examples upon request.

Within thirty days of contract award, the contractor shall submit to the COR and Contracting Officer a list of all disposal sites the contractor plans to use in the execution of this contract. The list shall include the facility's name, address, EPA identification number and the type of treatment provided. The list shall also include a description of any environmental fines or violations issued against the disposal site during the past two years, including dates, nature of violation, amount of fine and final disposition.

VII. METHODOLOGY FOR DESTRUCTION, RECOVERY, OR BURIAL DISPOSAL AND

RECYCLING

The methods for destruction, recovery or burial disposal or recycling/reuse shall become the choice of the contractor provided the methods are in compliance with RCRA and 40 CFR all Federal, State, Municipal and Local laws. Should states/localities have more stringent requirements, the most stringent standards shall prevail. The preferred methods of the Uniformed Services University are reuse, recycling and then disposal, destruction as applicable.

VIII. TRANSPORTATION

The contractor shall be responsible for the transportation of hazardous waste in accordance with all local, state and federal regulations. The contractor shall possess documentation of current hazardous waste transportation permits and/or licenses for all states, which may be traversed en-route to the transfer, storage and disposal facilities. Additionally, all vehicles and drivers must meet Naval Support Activity (NSA) Bethesda base access requirements. Base access will be coordinated through the COR.

When hazardous wastes must be transported through jurisdiction, which require special permitting, the contractor shall obtain all necessary permits.

The contractor shall assure that all vehicles used for the transportation of hazardous wastes are properly registered and that operators are currently licensed for the class of vehicle being operated.

All contractors' vehicles shall be placarded and equipped in accordance with the Department of Transportation regulations of the applicable state and of the Department of Transportation. Vehicles shall contain all emergency equipment required by the Department of Transportation. All vehicles must prominently display certification stickers on the outside left door and copies of the controlled hazardous substances Hauler's Certificate and Driver's Certificate shall be carried in the cab of all vehicles while transporting controlled hazardous substances.

Any shipments outside the United States must comply with all international agreements and all applicable foreign laws. The Contractor may not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) Land Disposal Restrictions (LDR). The Contractor must inform COR prior to shipment.

IX. COMPLIANCE WITH ENVIRONMENTAL AND HAZARDOUS CONDITIONS

The Contractor shall assume responsibility for knowledge of, application of, and training of contractor's employees for compliance with all applicable (1) federal, state, and local environmental, occupational statutes, instructions, manuals, handbooks, regulations, guidance, policy letters, and rules (including all changes and amendments), and (2) presidential Executive Orders, in effect on the date of issuance of each.

The contractor must perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, the contractor must comply with all safety requirements set forth in applicable State, Federal, and Local Laws and Regulations and ensure that its agents, employees, and subcontractors perform the work in a safe manner. The contractor shall ensure that all personnel 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 particular, in the areas of chemical incompatibility, general first aid procedures and spills. Handling and personnel protective equipment shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste. The contractor agrees that their personnel and equipment are subject to safety inspections by USUHS personnel and state authorities while on USUHS property. The contractor must also have a Medical Surveillance Program for employees involved in the direct handling and/or exposure to the chemical waste protection regulations. The contractor must submit certification of the Medical Surveillance Program, prior to the award of the contract.

X. RESPONSIBILITY FOR ACCIDENTAL SPILL OF HAZARDOUS WASTE

MATERIAL

The contractor will be completely responsible for cleanup of any spills or leaks of waste material that occur during the inventory, packaging or transportation of waste materials to any site for destruction, recovery, or burial. Clean up shall be in accordance with all applicable regulations. The contractor shall report all spills/leaks that occur on the Uniformed Services University property immediately to the COR. Spills or leaks that occur during transportation of the materials shall be reported to the designated point of contact within 24 hours of the occurrence. A written report of the circumstances of reportable leaks/spills shall be sent to all regulatory agencies, as outlined by the regulatory agencies' spill notification procedures/guidelines. A copy of the written report shall be furnished to the designated point of contact.

The contractor shall ensure that vehicles used for transportation of hazardous materials are stocked with supplies to handle hazardous materials that require special packaging, spills, leaking drums or other conditions that could occur while performing a routine pick-up

XI. INSURANCE

Pursuant to the FAR Clause, 52.228-5, the Contractor shall be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

Worker's Compensation and Employer's Liability.

The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with the contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000.00 shall be required, except in states with compensation to be written by private carriers.

General Liability.

The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

Property Damage liability insurance shall be required in the amount of $500,000.

Automobile Liability.

The Contractor shall have automobile liability insurance written on the comprehensive form of the policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering the vehicles operated in the United States shall provide coverage of at least $200,000 per person;

$500,000 per occurrence for bodily injury and $100,000 for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

Environmental Impairment (Pollution) Liability.

Insurance in the amount not less than $200,000 for each occurrence and $500,000 for annual aggregate.

XII. RESPONSIBILITY FOR FINES AND/OR PENALTIES

The Contractor shall be responsible for any penalty or fine levied against it during the performance of this contract due to its failure to comply with applicable regulations, laws, statutes, or ordinances.

The Contractor shall also be liable for any fine or penalty levied against the Uniformed Services University due to any failure of the contractor to abide by any applicable laws or regulations during the performance of this contract and shall indemnify USUHS for the same.

XIII. RECYCLING

The contractor shall be responsible for the off-site management of certain types of USUHS generated materials. The following materials shall be recycled as required by Federal, State or local regulations: undamaged lead-acid or gel based batteries; spent or unspent de-greasing materials, spent machine coolants; used oil filters; used metal drums and containers; liquid mercury and mercury batteries; non-radioactive lead, metal, silver metals/ silver recovery items/articles; reagent grade metals; precious metals or compounds; and lab pack reagent chemicals. This list is not all-inclusive and USUHS may add hazardous chemicals through written modification.

Disposal methods and cost for these items will be mutually negotiated at the time they are added to the inventory. In addition, as a knowledgeable contractor, it is expected that the contractor will notify the COR when a waste item added by USUHS is determined to be mistakenly classified as either a recyclable or disposable item or when an item is discovered to not be on or covered by the schedule of items. The Department of Defense promotes recycling of hazardous chemical waste and prefers this method of disposal whenever feasible.

The contractor shall maintain all the necessary records to document to USUHS the management of USUHS' recycled materials. The contractor will provide documentation to the CO or COR upon request. NOTE: The contractor is cautioned to utilize only those recyclers, which can demonstrate successful regulatory compliance, thereby protecting human health, property, and the environment.

XIV. REGULATIONS

CODE OF MARYLAND REGULATOINS (COMAR)

26.13.04 STANDARDS OF APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

E STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE,

PRETRANSPORT REQUIREMENTS

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE, RECORD

KEEPING AND REPORTING

CODE OF FEDERAL REGULATIONS (CFR) TITLE 29 - LABOR

PART 1910.120 HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE

CFR TITLE 40 - PROTECTION OF ENVIRONMENT

PART 112 OIL POLLUTION PREVENTION

PART 117 DETERMINATION OF REPORTABLE QUANTITIES FOR HAZARDOUS

SUBSTANCES

PART 355 EMERGENCY PLANNING AND NOTIFICATION

PART 260 HAZARDOUS WASTE MANAGEMENT

PART 261 IDENTIFYING HAZARDOUS WASTE

PART 262 HAZARDOUS WASTE GENERATORS

PART 263 HAZARDOUS WASTE TRANSPORTERS

PART 264 OWNERS AND OPERATORS OF PERMITTED HAZARDOUS WASTE

FACILITIES

PART 268 LAND DISPOSAL RESTRICTIONS

PART 273 UNIVERSAL WASTE MANAGEMENT

PART 279 MANAGING USED OIL

CFR TITLE 49-TRANSPORTATION

PART 171 GENERAL INFORMATION

PART 172 HAZARDOUS MATERIALS TABLE

PART 173 REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS PART 177 CARRIAGES

BY PUBLIC HIGHWAY

PART 179 SPECIFICATIONS FOR PACKAGINGS

XV. Quality Assurance Surveillance Plan (QASP)

The Contractor’s performance will be assessed based on the following measures:

Task/Performance Objective

Performance Standard & Acceptable Performance level (AQL)

Method of Surveillance

Timely and accurate performance of work included, but not restricted to Sections II, IV, VII, VIII, IX, X, XIII.

All packaging materials and qualified personnel necessary for preparation of labeling, placard, manifesting, transporting and disposal of waste materials are available at time of scheduled service for disposal of waste.

AQL: 99%

Customer complaint and/or review of Manifest, Certificate of Disposal, and other available reports.

Coordinate all scheduled services with the Government’s point of contact as specified in Section V.

As stated in Section V.

AQL: 99%

Customer complaint and/or review of Manifest, Certificate of Disposal, and other available reports.

Provide all required documents as outlined within the contract PWS and within the required timelines to the COR (e.g.) shipping documentation/all return manifest, certificates of disposal, destruction and recycling within timeframe specified in Section VI.

Provides all reports via email to the COR for all services performed as stated in Section VI.

AQL: 99%

Customer complaint and/or review of Manifest, Certificate of Disposal, and other available reports.

Ensure compliance with all safety requirements set forth in applicable State, Federal, and Local Laws and Regulations as specified in Section IX.

As stated in Section V.

AQL: 100%

Customer complaint and/or review of Manifest, Certificate of Disposal, and other available reports.