N32253-15-T-0021w.Attachs_Redacted.pdf

PEARL HARBOR NAVAL SHIPYARD & IMF

667 SAFEGUARD ST., STE 100

JBPHH HI 96860-5033

808-473-8000

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N32253-15-T-0021 29-Mar-2015

b. TELEPHONE NUMBER

808-473-8000 X3352

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 07 Apr 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N32253

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE N32253 16. ADMINISTERED BY

PHNSY & IMF

SUSAN M. FUJITA

667 SAFEGUARD ST., STE. 100

JBPHH HI 96860-5033

TEL: 808-473-8000 X3352 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SUSAN M. FUJITA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

336611

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

N32253-15-T-0021

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

Clean and Gas Free Sanitary Tank #1&2

FFP

1 JOB

The Contractor shall clean and gas free sanitary tank no. 1 and 2 on a US Naval vessel as specified in the attached Work Item 077-01-001 and 593-11-001. See attachments for additional information.

In accordance with paragraph 3.12.2 of Work Item No. 593-11-001, the contractor shall provide and maintain temporary storage of tank cleaning residuals from the tanks listed in paragraph 1.2while waiting for waste sample laboratory results for ninety (90) days.

In accodance with paragraph 3.14.1, while awaiting disposal, the contractor shall inspect the holding tanks daily for discrepancies for ninety (90) calendar days. The contractor agrees to perform at $_________/day when the Government determines that the performance of paragraphs 3.12.2 and 3.14.1 is required beyond the ninety (90) calendar day period.

FOB: Destination

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 04-MAY-2015 TO

01-JUN-2015

N/A PHNSY & IMF

SUSAN M. FUJITA

667 SAFEGUARD ST., STE. 100

JBPHH HI 96860-5033

808-473-8000 X3352

FOB: Destination

N32253

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

DEC 2014

52.204-2 Security Requirements AUG 1996

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code Reporting NOV 2014

52.204-18 Commercial and Government Entity Code Maintenance NOV 2014

52.212-1 Instructions to Offerors--Commercial Items APR 2014

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (MAR 2015) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014

52.219-1 Alt I Small Business Program Representations (Oct 2014) Alternate I

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-15 Stop-Work Order AUG 1989

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7012 Safeguarding of Unclassified Controlled Technical Information

NOV 2013

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2010

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

DEC 2014

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7000 Buy American--Balance Of Payments Program Certificate-- Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.

111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (OCT 2014) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014)+(E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-13.

____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

X (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

X (iv) Alternate III (May 2014) of 52.225-3.

____ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.

3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

_____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

_____ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) X (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

LIST OF ATTACHMENTS

Attachment 1: Work Items 077-01-001 and 593-11-001, 10 pages Attachment 2: Environmental Agreement for Contractors on Ship Projects dated 17 January 2013, 10 pages Attachment 3: Safety and Health Work Practices for Contractors Working with Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility dated 14 March 2013, 12 pages Attachment 4: Security Requirements Applicable for Pearl Harbor Naval Shipyard & IMF’s Controlled Nuclear Information Areas, and/or Nuclear Work Areas, dated August 2013, 6 pages Attachment 5: Local Standard Item No. 099-01PH dated 22 July 2010, 12 pages Attachment 6: Local Standard Item No. 099-02PH dated 22 July 2010, 8 pages Attachment 7: Local Standard Item No. 099-03PH dated 22 July 2010, 7 pages Attachment 8: Local Standard Item No. 099-04PH dated 22 July 2010, 3 pages Attachment 9: Local Standard Item No. 099-05PH dated 22 July 2010, 6 pages Attachment 10: Local Standard Item No. 099-06PH dated 22 July 2010, 6 pages Attachment 11: Local Standard Item No. 099-07PH dated 22 July 2010, 5 pages

EVALUATOIN FOR AWARD

The Government will award a contract resulting from this solicitation to the responsible quoter whose quotation is the lowest price and is technically acceptable conforming to the specification.

SHIP: ITEM NO: 077-01-001

COAR: PCN:

CMP:

PLANNER: DEFRIES

1. SCOPE:

1.1 Title: Hazardous Waste Produced on Naval Vessels; control

1.2 Location of Work:

1.2.1 Throughout the Ship

1.3 Identification:

1.3.1 Not Applicable

2. REFERENCES:

2.1 Resource Conservation and Recovery Act (RCRA)

2.2 49 U.S.C. 5103, Federal Hazardous Materials Transportation Act

2.3 Applicable Hazardous Waste Manifest Form

2.4 10 U.S.C. 7311

3. REQUIREMENTS:

3.1 Manage and dispose of all hazardous waste listed in 3.5 in accordance with 2.1 and 2.2.

3.1.1 When a Navy generator number is required by this Work Item, submit the original of 2.3 to the SUPERVISOR for assignment of Environmental Protection Agency (EPA) or delegated by the SUPERVISOR.

3.1.2 Manage and transport for Navy disposal, Navy-generated hazardous waste listed in 3.5 in accordance with 2.1 and 2.2, as designated by the SUPERVISOR.

3.1.3 Submit one legible copy of 2.3 signed by the owner or operator of the disposal facility to the SUPERVISOR within 48 hours of receipt from owner or operator of disposal facility.

3.2 Complete documentation required by 2.1 and 2.2, using EPA or delegated state environmental agency identification number in accordance with 2.4.

Attachment 1

3.3 If the contractor, while performing work at a Government facility, cannot obtain a separate generator identification number from the state in which the availability will be performed, the contractor shall notify the SUPERVISOR within three business days of receipt of written notification by the state. After obtaining approval of the SUPERVISOR, the contractor shall use the Navy site generator identification number and insert in the remarks block the contractor generator identification number issued for the site where his main facilities are located.

3.4 If, for availabilities at a contractor-owned or controlled facility, the Navy cannot obtain a separate generator identification number for use at a contractor facility, the Navy shall notify the contractor within three business days of receipt of notification by the state. The contractor shall dispose of hazardous waste in accordance with 2.1, 2.2, and 3.2.3.

3.5 Hazardous waste, as identified in 2.1, expected to be produced during performance of this Job Order:

TYPE

NAVY

AMOUNT CO-

GENERATED

CONTRACTOR

Acid solutions (may include spent sulfamic, citric, chromic, nitric, sulfuric, hydrochloric, etc.)

50 gallons

Ethylene Glycol (Antifreeze)

Sodium Hydroxide

Cleaning Solvents 50 gallons

Sodium Phosphates (Tri, Bi, or Mono)

Fluorocarbons

Morpholine

Sodium Chromates

Hydrazine

Methyl Ethyl Ketone

Spent Abrasive Blast Material (Contaminated with a known hazardous waste)

Trichloroethane

Miscellaneous Chemicals ( Ignitable)

Miscellaneous Chemicals ( Corrosive)

Miscellaneous Chemicals (TCLP Toxic)

Miscellaneous Chemicals (Reactive)

Oil (Synthetic)

Paints (Enamel, Latex, Epoxy, thinners, oil based, rubber paint, nonskid, lacquer, remover, varnishes)

Paints (May include lead, cadmium, or chrome)

Paint Strippers (phenols, lead, chromium)

Sludge (Contaminated with a known hazardous waste)

1000 gallons

Wool Felt ( Contaminated with chromium and PCBs)

Ventilation Debris / Residue ( heavy metals, e.g., cadmium, chromium)

3.5.1 Provide 0 dollars for managing and disposing of all hazardous waste listed in 3.5.

Total cost greater or less than dollar amount when authorized will be the subject of an equitable adjustment.

3.6 Notify the SUPERVISOR at least one working day prior to shipment of hazardous waste for disposal.

3.7 Submit one legible copy, in approved transferrable media, of a report identifying type, amount, and disposal cost of waste listed in 3.5 that was removed during the performance of this Job Order to the SUPERVISOR.

3.7.1 The report shall include analysis or other method used to identify the waste and state whether each listed waste was hazardous (with generator assignment), non-hazardous, or did not exist.

3.7.1.1 Chemical analysis shall be accomplished by laboratories with state or EPA approved quality assurance programs.

3.7.2 The contractor shall make an effort to minimize hazardous waste generation by reducing the volume or toxicity by neutralizing, recycling, or otherwise removing it from the requirements of Subtitle C of 2.1 and include a description of such efforts in the report.

3.8 Nothing contained in this Work Item shall relieve the contractor from complying with applicable federal, state, and local laws, codes, ordinances, and regulations, including the obtaining of licenses and permits in connection with hazardous waste handling and disposal in the performance of this contract.

3.9 The contractor shall ensure that an Environmental Manager must be on site at all times during work operations. During the sampling period the Environmental Manager must be available and accessible to address any issues within an hour of notification to correct the discrepancy.

3.9.1 Environmental Manager must be Resource Conservation Recovery Act (RCRA) certified and be able to substantiate certification as requested by the SUPERVISOR.

4. NOTES:

4.1 The waste listed in 3.5 is based on the best information available at the time of preparation of the solicitation. Hazardous waste generated during the actual performance of the work may vary in type or amount from waste listed in 3.5 which may result in renegotiation for credit or increase pursuant to Paragraph (b) of 2.4. The contractor is expected to use best management practice to identify and dispose of all hazardous waste. Some of the substances listed in 3.5 may be neutralized, recycled, or otherwise removed from the requirements of Subtitle C of 2.1. Inclusion of these substances in the waste listed in 3.5 does not preclude the contractor from taking action consistent with 2.1 to reduce or eliminate the hazardous constituents of any waste required to be disposed of under the contract in accordance with 2.2. Processes that add hazardous constituents to the bilges may require that bilge water be disposed of as a hazardous waste.

4.1.1 The types and amounts of wastes listed in 3.5 are estimates of waste to be disposed of under this contract as required by 2.4. They are not estimates of the amount of the work involved in generating that waste. The work requirements of each individual Work Item specify the actual work to be accomplished.

4.2 Hazardous wastes are determined by one or more of the following methods:

4.2.1 Chemical analysis which shows that the material characteristics of ignitability, corrosivity, reactivity, and/or toxicity (Toxicity Characteristic Leachate Procedure – TCLP) exceed the limits for that material in 40 CFR 261.20 Subpart C.

4.2.2 Reference to a Material Safety Data Sheet (MSDS).

4.2.3 Applying knowledge of the hazardous characteristics of the waste in light of the materials or the process used.

4.3 Asbestos, bilge water, oil/water including sludge, debris and other contaminants, sludge which includes solids and sludge from ballast tanks, CHT tanks, voids, oily waste tanks, fuel ballast tanks, fuel oil tanks, skegs (West coast), PCB's (Maryland), etc., apply only in those states listing them as hazardous waste. When an availability is to be performed in a state where these items are considered to be hazardous waste, an estimate of the amount to be generated shall be included in 3.5.

5. GOVERNMENT FURNISHED MATERIAL (GFM):

5.1 LLTM:

1. None.

5.2 PUSH MATERIAL:

1. None.

5.3 KITTED MATERIAL:

1. None.

SHIP: ITEM NO: 593‐11‐001

COAR: PCN:

CMP:

PLANNER: DEFRIES

1. SCOPE:

1.1 Title: Sanitary Tanks; clean and gas free

1.2 Location of Work:

1.2.1 Sanitary Tank No. 1

1.2.2 Sanitary Tank No.2

1.3 Identification:

1.3.1 Not Applicable

2. REFERENCES:

2.1 Standard Items (FY‐16)

2.2 U.S. Army Corps of Engineers, Safety & Health Requirements Manual

2.3 DOL, OSHA STD 29 CFR 1915; Occupational Safety & Health Standards for Shipyard Employment

2.4 BUMED INST 6230.15 Immunization & Chemoprophylaris

2.5 LHAP No. 710‐15 Rev 14, Basic Instructions for Crane Operations

2.6 Systems and Specifications, SSPC Painting Manual, Volume 2

3. REQUIREMENTS:

3.1 The contractor shall provide a safety and health plan as applicable to the contract work per the requirements of 2.2 prior to the start of work (i.e. hazard communication program, confine space program, respiratory protection plan, emergency response plan, etc.).

3.1.1 Submit one legible copy, in approved transferrable media, of a report with the requirements of 3.1 to the SUPERVISOR.

3.2 The contractor shall provide all cleaning equipment, holding tanks, machinery, material, lights, ventilation, transportation, and disposal service to accomplish work required in this work item.

The contractor shall ensure that all equipment used, including holding tanks, does not exceed the height requirements listed in 2.5.

3.2.1 In the event of a partial or total loss of electrical power or compressed air at the dockside source outlets, the contractor shall provide standby portable diesel electric generator(s), air compressor(s), and associated equipment to maintain and restore backup shore power and integrity of all temporary utilities with equal capability of systems disrupted in the performance of his work.

3.2.2 The contractor shall provide 440 volts, 3 phase circuit breakers at dockside for his own equipment. The contractor shall provide step‐down transformer/breakers and shall run all his leads from these connections. The contractor is responsible for any modifications required to hook up his leads/make up his connections.

3.2.2.1 All service leads (air, water and electricity etc.) shall be properly secured and routed in such a manner as to not present a tripping or other safety hazard. The service leads shall be protected by chafing material as required to prevent damage.

3.2.3 The Government will provide source outlets from dockside and hook‐ups for air, water and electricity. The contractor shall supply his own connectors and manifolds and run all his leads and hoses from these connections. The contractor is responsible for all modifications required to hook‐ up his leads/make up connections.

3.3 Clean, ventilate, gas free and certify the tanks listed in 1.2 "Safe for Workers" and "Safe for Hot Work" in accordance with 2.3.

3.3.1 Submit one legible copy, in approved transferrable media, of certified marine chemist certification to the SUPERVISOR within 4 hours.

3.4 The tanks listed in 1.2 shall be cleaned to achieve the cleanliness level of Society for Protective Coatings Surface Preparation Standard No.1 (SSPC‐SP 1) of 2.6.

3.5 Accomplish the requirements of 009‐09 of 2.1 for the method of cleaning, safety/health guidelines, handling, removal and DISPOSAL OF RESIDUALS in the tanks listed in 1.2 in accordance with reference 2.4. Include the method of cleaning with solvents. Each procedure shall include the following:

3.5.1 Type of cleaning equipment and holding tanks to be utilized during the cleaning evolution of tanks.

3.5.2 Method of ensuring safe operation of cleaning equipment.

3.5.3 Method utilized and acceptance criteria to ensure complete removal of thick sludge, grease and surface contaminants.

3.5.4 Personnel safety/training of procedure and hazardous communication prior to start of work.

3.5.5 Providing the service of a qualified safety/environmental coordinator to accomplish work required in this work item.

3.5.6 Method of providing ventilation in each tank during cleaning.

3.5.7 Method of isolating/containing work space and change area by the use of containments.

3.5.8 Method of disposal of sludge, grease, and waste water.

3.5.9 Method where all surfaces of the tanks listed in 1.2 shall be cleaned free of waste and calcium deposits. Removal shall be accomplished by light scraping and power washing to a degree that enables inspection of the top layer of paint. In addition, hand wiping with rags and non‐ petroleum based solvents/cleaners may be required to achieve SSPC‐SP1 cleanliness. Particular attention shall be paid to tank cover hangers, TLI hangers, fittings, tubing, tank corner welds and underside of horizontal channels.

3.5.10 Non‐ionic detergent and degreasing agents shall be specified by the Contractor and meet all applicable mil‐spec requirements. A final low pressure detergent wash shall be accomplished as required.

3.5.11 Contractor shall prohibit the wearing of any "yellow" colored clothing or coveralls and utilizing any "yellow" colored containers, equipment etc.

3.5.12 Contractor shall ensure current physical examinations (within one year), including current dysentery inoculations (within 6 months) for all personnel working in the tanks listed in 1.2 in accordance with 2.4.

3.5.13 Subject tanks interior surfaces are defined as: "all structural members, bulkheads, piping, piping penetrations, hangers and tank cover's bottom".

(V)(G) "GREASE REMOVAL"

3.5.14 Visual inspection for grease removal. Accept/reject criteria: Surfaces shall be completely free of solids, semi‐solid residuals, oil, and grease film in tank surfaces. Inspection mirror shall be used to inspect the underside of horizontal channels and hard to reach areas.

3.5.15 Ensure tank internal components are not damaged during cleaning evolutions.

3.6 Loose, flaking and blistering paint is sufficient cause to suspect underlying grease and will be removed as part of the cleaning process.

3.6.1 Approximately 100 to 400 square feet of loose and flaking epoxy paint on the steel structure of each tank listed in 1.2 will require removal to the steel substrate.

3.6.2 Submit one legible copy, in approved transferrable media, of a report with the results of 3.5.1 to the SUPERVISOR within 24 hours of completion of paint removal.

3.6.2.1 Report shall include the approximate square footage of paint removed from each tank listed in 1.2.

(I) (G) “FINAL SANITIZATION”

3.7 Accomplish a final disinfection / sanitization of the tanks listed in 1.2.

3.7.1 Notify the SUPERVISOR at least 24 hours prior to adding the disinfection / sanitization solution into the tanks listed in 1.2.

3.7.1.1 Submit one legible copy, in approved transferrable media, of a report with the date and time, location, flush volume and type of system being flushed to the SUPERVISOR.

3.7.2 The tanks listed in 1.2 shall be pumped to low suction and then filled approximately half full with fresh potable water prior to being disinfected / sanitized.

3.7.3 A minimum of 17.7 gallons of 5 percent liquid sodium hypochlorite or 8.9 gallons of 10 percent sodium hypochlorite shall be used per tank.

3.7.4 The disinfection / sanitization solution shall be added to the tanks only after the tanks listed in 1.2 are half full of fresh potable water.

3.7.5 Install aeration line.

3.7.6 After adding the sanitizing / disinfection solution to each tank listed in 1.2, fill each tank with fresh potable water to full capacity and aerate for a minimum of 12 hours.

3.7.6.1 Aeration pressure shall be between 5 and 15 PSIG.

3.7.7 Coordinate with ship’s force for the securing and reopening of each tank listed in 1.2 during the disinfection / sanitization process.

3.8 Upon completion of the requirements of 3.6, pump down each tank listed in 1.2 to low suction.

3.9 Accomplish a low pressure wash down of the tanks listed in 1.2 to remove remaining sanitizing / disinfection solution.

3.10 Upon completion of the requirements of 3.8, completely pump down each tank listed in

1.2 to a dry condition.

(I)(G) “CLEANLINESS”

3.11 Inspect each tank listed in 1.2 for SSPC‐SP1 Cleanliness.

3.11.1 Notify the SUPERVISOR for surface cleanliness and profile inspection of tank interior surfaces. Advanced notice of 24 hours is required for inspection notification.

3.11.2 Inspection mirror shall be used to inspect the underside of horizontal channels and hard to reach areas.

3.11.3 Submit one legible copy, in approved transferrable media, of a report with the results of 3.10 to the SUPERVISOR within 24 hours of checkpoint completion.

3.12 Accomplish handling and disposal of tank cleaning residuals for a total of 6,000 gallons of waste water, in accordance with all applicable Federal, state, and local regulations, laws, codes ordinances, and regulations, including the obtaining of licenses and permits.

3.12.1 Accomplish the pump down of pier side waste and transport waste and holding tanks to a secondary location as designated by the SUPERVISOR.

3.12.2 Provide and maintain temporary storage of tank cleaning residuals from the tanks listed in 1.2 while waiting for waste water sample laboratory results for ninety (90) days. Ensure proper secondary containment of liquid waste holding tanks as necessary.

3.13 Take samples of liquid waste and of solid grease residuals with PHNSY Code 106.3.

3.13.1 Sample containers will be provided by PHNSY Code 106.3

3.13.2 Ensure samples are tested to certify that sanitization / disinfection of the tanks listed in 1.2 have been satisfactorily accomplished and is safe for personnel.

3.13.3 Samples shall be tested for presence of both E.Coli and Enterococci.

3.13.3.1 E. Coli levels must be less than 235 CFU/100mL

3.13.3.2 Enterococci levels must be less than 61 CFU/100mL

3.14 Transport and dispose of generated waste in 3.7 and 3.8 to the disposal waste facility identified in 4.2.

3.14.1 While awaiting disposal, the contractor shall inspect the holding tanks daily for discrepancies for ninety (90) calendar days.

3.15 Upon completion of Work Item in its entirety, submit one legible copy, in approved transferrable media, of a report notifying the GOVERNMENT of job completion to the SUPERVISOR.

3.15.1 The Contractor shall certify the work has been completed, all checkpoints have been accomplished, the requirements of all applicable Standard Items have been met, and all reports have been submitted, received, and answered by the SUPERVISOR.

4. NOTES:

4.1 Contact PHNSY & IMF Code 106.3 for direction and guidance in the handling and disposal of tank cleaning residuals.

4.2 The Solid Waste Management Permit has been modified recently and now the permittee (PVT Land Company, Ltd.) allows the disposal of liquid waste in their solidification facility upon completion of lab analysis. Contractor(s) and their subcontractor(s) shall comply with applicable Federal, state and local laws, codes, ordinances and regulations, including the obtaining of licenses and permits in connection with industrial waste handling, transporting and disposal. The tank cleaning residuals and waste water generated, including the TSP boil out water, shall be handled, transported and disposed at: PVT Land Company, Ltd. located at 87‐2020 Farrington Highway Waianae, HI 96792.

4.2.1 All hazardous waste generated, including grease sludge and contaminated cloth rags, will be turned into PHNSY Hazardous Waste Branch, BLDG. 1663.

4.3 Work to be accomplished in Pearl Harbor Naval Shipyard, Industrial Control Area (CIA).

Contractor personnel must be U.S. Citizens and have successfully completed security access determination IAW NAVSEAINST 5510.2B.

4.4 Ship's Force will be responsible for the initial chlorination, pump down / blow down and opening of the tanks listed in 1.2 prior to the start of work.

5. GOVERNMENT FURNISHED MATERIAL (GFM):

5.1 LLTM:

1. None.

5.2 PUSH MATERIAL:

1. None.

5.3 KITTED MATERIAL:

1. None.

ENVIRONMENTAL AGREEMENT FOR CONTRACTORS ON SHIP PROJECTS

(Rev. January 17, 2013)

1. Regulations. Contractors shall comply with all Federal, State and local environmental rules and regulations, Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility’s

(PHNSY&IMF) environmental policy, and Environmental Management System (EMS) requirements. The proper handling, transporting, and disposing of Hazardous Waste (HW) is a matter of environmental responsibility and legal obligation. This agreement shall be strictly enforced to minimize the potential for environmental fines and adverse Navy publicity.

2. Contractor Environmental Brief. Contractors shall attend a Contractor Environmental

Brief given by PHNSY&IMF Environment Division (Code 106.3) prior to the start of work. The

Government On-Site Installation Leader/Point of Contact (POC), (e.g., Alteration Installation

Team (AIT) Government Representative) shall be present at the briefing. Sub-contractors shall also be present at the briefing. Contractors shall provide the following information to Code

106.3 prior to the briefing for review and to prepare for discussion at the briefing:

a. Name and phone number of Contractor(s)’ on-site representative(s) who is knowledgeable of environmental rules and regulations and who will be the point(s) of contact in all environmental matters.

b. Types and quantities of Hazardous Materials (HM) to be used and wastes/wastewater to be generated.

3. PHNSY&IMF Points of Contact. All environmental matters and assistance shall be directed to the Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY&IMF)

Environment Division (Code 106.3) at 474-9080.

Director, OSHE Office: 106 473-8000 ext. 4459

Environment Division 106.3 474-9080

Solid & Hazardous Waste Branch 106.31 473-8000 ext. 4580

Environmental Compliance Branch 106.32 473-8000 ext. 3019

4. Environmental Manager Duties. Contractors shall appoint, in writing, an Environmental

Manager for the project site. The Environmental Manager is responsible for coordinating contractor compliance with environmental requirements and shall be onsite during work operations at all times. Alternate (Shift) Environmental Managers shall have the same qualifications and responsibilities as the appointed Environmental Manager. The Environmental

Manager and Alternate Environmental Manager must be trained to adequately accomplish their duties which include, but are not limited to: ensuring compliance with all applicable Federal, State, and local environmental requirements including the Clean Water Act (Dry Dock and Storm

Water Management); Hazardous Materials and Hazardous Waste (HW) Management; and Clean

Air Act (National Emission Standards for Hazardous Air Pollutants [NESHAP] and Ozone

Depleting Substances). The Environmental Manager shall also ensure compliance with waste segregation and storage compatibility requirements; hazardous waste identification, handling, storage, documentation, and Code 106.3 disposal requirements; inspecting and managing waste accumulation areas; ensuring only authorized personnel add wastes to containers; ensuring all

Attachment 2

Contractor personnel are trained in Hawaii Administrative Rules (HAR) requirements in accordance with their position requirements; coordinating removal of waste containers;

maintaining an Environmental Records binder which includes an Environmental Protection Plan, if applicable, and documented environmental surveillances.

5. Regulatory Interface. PHNSY&IMF (Code 106) will be the point of contact for interface with regulatory agencies and will coordinate inspections with the required parties. Code 106.3 will be notified of any regulatory inspections, meetings, inquiries, issues or requests for information specific to the operations being conducted by its Contractors.

Contractors shall immediately investigate all practices cited in Notices of Violations

(NOVs)/Notices of Noncompliance (NONs)/enforcement actions and take immediate actions to remedy infractions to return to compliance. Contractors shall provide to Code 106.3 a written response identifying the alleged violation, investigation results, reasons for a response, remedial actions taken and preventative actions to prevent a recurrence. Contractors shall not enter into any agreement with a regulatory agency without notifying and obtaining concurrence from the

Navy. Contractors shall reimburse the Navy for any monetary fines and penalties assessed against the Navy as a result of non-compliant actions.

6. Plan Submittals. Contractors shall submit the following plans to Code 106.3 for review and acceptance prior to the start of work: Environmental Protection Plan (exceptions apply when no dust, debris, pollutant, or waste is generated and no potential exists for a release to the environment), Abatement Plans (i.e., asbestos, lead), Construction Waste Management Plan, etc.

7. Inspections and Surveillances. Contractors shall have a documented inspection/surveillance and oversight program. Code 106.3 will conduct periodic environmental inspections/surveillances of operations to ensure compliance. Contractors shall provide Code

106.3 personnel access to all spaces, operations, and records related to environmental compliance and a knowledgeable person to accompany Code 106.3 personnel. Contractors shall remedy any conditions found to be in noncompliance with Federal, State, or local rules, regulations and statutes. Contractors may elect to inspect the work area prior to occupancy. Any pre-existing environmental discrepancies shall be reported to Code 106.3 for corrective action. Prior to termination of the agreement, Contractors shall contact Code 106.3 to accompany Contractors on an inspection to resolve any environmental discrepancies (i.e., abandoned and unknown waste).

8. Work Area and Cleanliness. Contractors shall maintain the work areas in the highest reasonable state of cleanliness consistent with the work performed. Every effort shall be made to prevent pollutants from entering the harbor. At a minimum, all trash, industrial waste, mechanical or grinding debris, etc. shall be removed and properly disposed of at least once every shift or more frequently as required. No vehicle or equipment maintenance shall be performed on PHNSY&IMF property. All materials, tanks, items, etc. used shall be removed upon completion of the availability.

9. Hazardous Materials. Contractors shall use HM from PHNSY&IMF to the maximum extent practicable. Project management will provide oversight of the proper management of the

HM handled/stored by the Contractor. All HM shall have Material Safety Data Sheets (MSDS), readily available. HM containers shall be kept closed when not in use and properly stored in appropriate hazardous material storage lockers. Contractors shall provide hazardous material storage lockers. Secondary or transfer containers of HM shall be properly labeled to identify the product name, hazard warning, and MSDS number. No food containers shall be used for HM.

a. Emergency Planning and Community Right-to-Know Act (EPCRA)…