RFP_Amd_0003_(Final).pdf

SRFCFAYBARGEIDIQ

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This modification is issued to;

1. Change CLIN structure

2. Revise PWS

3. Answ er to the inquiries

Other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 115

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 06-Nov-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6264919R0124

X 9B. DATED (SEE ITEM 11)

10-Sep-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

06-Nov-2019

CODE

NAVSUP FLC YOKOSUKA

(CODE 200)

CONTRACTING DEPARTMENT

PSC 473 BOX 11

FPO AP 96349-0011

N62649 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF115

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6264919R0124

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1,165 Job

SAMPLE TEST

FFP

See below Performance Work Statement (PWS) Paragraph 1-4, 5.1, 6-8, and PWS Attachments.

FOB: Destination

SIGNAL CODE: A

PSC CD: F103

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 36 Job

DELIVER AND REMOVE BARGE

FFP

Provide all tug boat services necessary to deliver and remove one oil chemical separating barge.

See below Performance Work Statement (PWS) Paragraph 1-4, 5.2, 6-8, and PWS

PURCHASE REQUEST NUMBER: SRFCFAYBARGEIDIQ

UNIT UNIT PRICE MAX AMOUNT

0003 1,165 Days

OWW COLLECTION BARGE SERVICE

FFP

REMAINING OIL AND WATER

See below Performance Work Statement (PWS) paragraph 1-4, 5.3, and 6-8 PWS

UNIT UNIT PRICE MAX AMOUNT

0004 1,165 Days

OWW PURIFICATION TREATMENT SERVICE

FFP

See below Performance Work Statement (PWS) paragraph 1-4, 5.4, and 6-8 PWS

UNIT UNIT PRICE MAX AMOUNT

0005 36 Job

OWW TRANSFER SERVICE

FFP

See below Performance Work Statement (PWS) paragraph 1-4, 5.5, and 6-8 PWS

UNIT UNIT PRICE MAX AMOUNT

0006 36 Job

OWW DISPOSAL SERVICE

FFP

See below Performance Work Statement (PWS) paragraph 1-4, 5.6, and 6-8 PWS

UNIT UNIT PRICE MAX AMOUNT

0007 15 Job

HOSE AND FITTING SERVICE

FFP

See below Performance Work Statement (PWS) paragraph 1-4, 5.7, 6-8, and PWS Attachments.

UNIT UNIT PRICE MAX AMOUNT

0008 1,165 Days

FENDER

FFP

Qty As required See below Performance Work Statement (PWS) paragraph 1-4, 5.8, 6-8, and PWS

UNIT UNIT PRICE MAX AMOUNT

0009 30 Job

BARGE SHIFT

FFP

See below Performance Work Statement (PWS) paragraph 1-4, 5.9, 6-8, and PWS

UNIT UNIT PRICE MAX AMOUNT

0010 36 Job

SAMPLING AND TESTING EFFLUENT

FFP

See below Performance Work Statement (PWS) paragraph 1-4, 5.10, 6-8, and

UNIT UNIT PRICE MAX AMOUNT

0011 15 Job

VACUUM TRUCK

FFP

See below Performance Work Statement (PWS) paragraph 1-4, 5.11, 6-8, and

UNIT UNIT PRICE MAX AMOUNT

0012 36 Job

HAZARDOUS WASTE TRANSFER AND PREVENTION

FFP

See below Performance Work Statement (PWS) paragraph 1-4, 5.12, 6-8, and

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 1 Lot

FUNDING FOR GUARANTEED MINIMUM QUANTITY

FFP

CLIN 0013 is included in the contract as a way for the government to obligate funds for the guaranteed minimum quantity. The CLIN does not require separate performance by the contractor and the funds on the CLIN may not be invoiced by the contractor unless the guaranteed minimum quantity is not otherwise ordered in accordance with the contract’s description of the guaranteed minimum quantity.

The government will apply the funds on this CLIN to the order or orders that are issued to satisfy the contract’s guaranteed minimum quantity requirement.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1001 1,165 Job

OPTION SAMPLE TEST

FFP

UNIT UNIT PRICE MAX AMOUNT

1002 36 Job

OPTION DELIVER AND REMOVE BARGE

FFP

Provide all tug boat services necessary to deliver and remove one oil chemical separating barge.

See below Performance Work Statement (PWS) paragraph 1-4, 5.2, 6-8, and PWS Attachments.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1003 1,165 Days

OPTION OWW COLLECTION BARGE SERVICE

FFP

REMAINING OIL AND WATER

See below Performance Work Statement (PWS) paragraph 1-4, 5.3, 6-8, and PWS

UNIT UNIT PRICE MAX AMOUNT

1004 1,165 Days

OPTION OWW PURIFICATION TREATMENT SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

1005 36 Job

OPTION OWW TRANSFER SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

1006 36 Job

OPTION OWW DISPOSAL SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

1007 15 Job

OPTION HOSE AND FITTING SERVICE

FFP

See below Performance Work Statement (PWS) paragraph 1-4, 5.7, 6-8, and PWS

UNIT UNIT PRICE MAX AMOUNT

1008 1,165 Days

OPTION FENDER

FFP

Qty As required See below Performance Work Statement (PWS) paragraph1-4, 5.8, 6-8, and PWS

UNIT UNIT PRICE MAX AMOUNT

1009 30 Job

OPTION BARGE SHIFT

FFP

UNIT UNIT PRICE MAX AMOUNT

1010 36 Job

OPTION SAMPLING AND TESTING EFFLUENT

FFP

UNIT UNIT PRICE MAX AMOUNT

1011 15 Job

OPTION VACUUM TRUCK

FFP

UNIT UNIT PRICE MAX AMOUNT

1012 36 Job

OPTION HAZARDOUS WASTE TRANSFER AND PREVENTION

FFP

UNIT UNIT PRICE MAX AMOUNT

2001 1,165 Job

OPTION SAMPLE TEST

FFP

UNIT UNIT PRICE MAX AMOUNT

2002 36 Job

OPTION DELIVER AND REMOVE BARGE

FFP

Provide all tug boat services necessary to deliver and remove one oil chemical separating barge.

See below Performance Work Statement (PWS) paragraph 1-4, 5.2, 6-8, and PWS

UNIT UNIT PRICE MAX AMOUNT

2003 1,165 Days

OPTION OWW COLLECTION BARGE SERVICE

FFP

REMAINING OIL AND WATER

UNIT UNIT PRICE MAX AMOUNT

2004 1,165 Days

OPTION OWW PURIFICATION TREATMENT SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

2005 36 Job

OPTION OWW TRANSFER SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

2006 36 Job

OPTION OWW DISPOSAL SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

2007 15 Job

OPTION HOSE AND FITTING SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

2008 1,165 Days

OPTION FENDER

FFP

Qty As required

UNIT UNIT PRICE MAX AMOUNT

2009 30 Job

OPTION BARGE SHIFT

FFP

See below Performance Work Statement (PWS) paragraph1-4, 5.9, 6-8, and PWS

UNIT UNIT PRICE MAX AMOUNT

2010 36 Job

OPTION SAMPLING AND TESTING EFFLUENT

FFP

See below Performance Work Statement (PWS) paragraph1-4, 5.10, 6-8, and

UNIT UNIT PRICE MAX AMOUNT

2011 15 Job

OPTION VACUUM TRUCK

FFP

UNIT UNIT PRICE MAX AMOUNT

2012 36 Job

OPTION HAZARDOUS WASTE TRANSFER AND PREVENTION

FFP

UNIT UNIT PRICE MAX AMOUNT

3001 1,165 Job

OPTION SAMPLE TEST

FFP

UNIT UNIT PRICE MAX AMOUNT

3002 36 Job

OPTION DELIVER AND REMOVE BARGE

FFP

Provide all tug boat services necessary to deliver and remove one oil chemical separating barge.

UNIT UNIT PRICE MAX AMOUNT

3003 1,165 Days

OPTION OWW COLLECTION BARGE SERVICE

FFP

REMAINING OIL AND WATER

UNIT UNIT PRICE MAX AMOUNT

3004 1,165 Days

OPTION OWW PURIFICATION TREATMENT SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

3005 36 Job

OPTION OWW TRANSFER SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

3006 36 Job

OPTION OWW DISPOSAL SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

3007 15 Job

OPTION HOSE AND FITTING SERVICE

FFP

See below Performance Work Statement (PWS) paragraph1-4, 5.7, 6-8, and PWS

UNIT UNIT PRICE MAX AMOUNT

3008 1,165 Days

OPTION FENDER

FFP

Qty As required

UNIT UNIT PRICE MAX AMOUNT

3009 30 Job

OPTION BARGE SHIFT

FFP

UNIT UNIT PRICE MAX AMOUNT

3010 36 Job

OPTION SAMPLING AND TESTING EFFLUENT

FFP

UNIT UNIT PRICE MAX AMOUNT

3011 15 Job

OPTION VACUUM TRUCK

FFP

UNIT UNIT PRICE MAX AMOUNT

3012 36 Job

OPTION HAZARDOUS WASTE TRANSFER AND PREVENTION

FFP

See below Performance Work Statement (PWS) paragraph,1-4, 5.12, 6-8, and

UNIT UNIT PRICE MAX AMOUNT

4001 1,165 Job

OPTION SAMPLE TEST

FFP

UNIT UNIT PRICE MAX AMOUNT

4002 36 Job

OPTION DELIVER AND REMOVE BARGE

FFP

Provide all tug boat services necessary to deliver and remove one oil chemical separating barge.

UNIT UNIT PRICE MAX AMOUNT

4003 1,165 Days

OPTION OWW COLLECTION BARGE SERVICE

FFP

REMAINING OIL AND WATER

UNIT UNIT PRICE MAX AMOUNT

4004 1,165 Days

OPTION OWW PURIFICATION TREATMENT SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

4005 36 Job

OPTION OWW TRANSFER SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

4006 36 Job

OPTION OWW DISPOSAL SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

4007 15 Job

OPTION HOSE AND FITTING SERVICE

FFP

UNIT UNIT PRICE MAX AMOUNT

4008 1,165 Days

OPTION FENDER

FFP

Qty As required

UNIT UNIT PRICE MAX AMOUNT

4009 30 Job

OPTION BARGE SHIFT

FFP

UNIT UNIT PRICE MAX AMOUNT

4010 36 Job

OPTION SAMPLING AND TESTING EFFLUENT

FFP

See below Performance Work Statement (PWS) paragraph,1-4, 5.10, 6-8, and

UNIT UNIT PRICE MAX AMOUNT

4011 15 Job

OPTION VACUUM TRUCK

FFP

UNIT UNIT PRICE MAX AMOUNT

4012 36 Job

OPTION HAZARDOUS WASTE TRANSFER AND PREVENTION

FFP

PERFORMANCE WORK STATEMENT

OILY WASTEWATER TREATMENT AND RECYCLING FOR ENERGY RECOVERY

1.0 INTRODUCTION

1.1: The purpose of this contract is to procure Oily Wastewater (OWW) treatment and recycling services for energy recovery purposes. The contractor shall provide all services necessary for the final treatment/disposal of the hazardous and/or non-regulated materials in accordance with all applicable Federal, National, Provincial and Local to Japanese, Prefecture or City Regulations, References, Attachments and PWS stated herein.

1.2: This is an Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Contract (MAC). The contract provides for filling actual purchase requirements of the requiring activities for services during a specified contract period with performance to be scheduled by placing task orders with the contractor. The following activities are defined as the requiring activities for this contract;

a. Ship Repair Facility-Japan Regional Maintenance Center Yokosuka (SRF-JRMC Yokosuka)

b. Commander Fleet Activities Yokosuka Port Operations (CFAY Port Operations)

c. Individual ships in Yokosuka (predominantly 7th Fleet)

2.0 APPLICABLE PWS REFERENCES AND ATTACHMENTS

2.1: The latest version of following References are applied to this PWS.

Reference (a) Current version of Japan Environmental Governing Standards Reference (b) Japan Water Pollution Prevention Act (Suishitsu Odaku Boushi-hou)

Reference (c) Order of the Japanese Prime Minister’s Office Stipulating Effluent Standards (Haisui Kijun wo Sadameru Sourifu-rei)

Reference (d) Japan Sewer Law (Gesuidou-hou) Reference (e) Yokosuka City Sewer Ordinance (Yokosuka-shi Gesuidou-jourei) Reference (f) Industrial Waste Disposal and Public Cleansing Law (Haikibutsu no Shorioyobi Seisou ni Kansuru Houritsu) Reference (g) CFAYINST 5090.13 (Wastewater Management Plan) Reference (h) CFAYINST 5090.16 (Pollution Prevention) Reference (i) CFAYINST 5090.4B (Policy for Local Area Coordination of Environmental Protection and Compliance) Reference (j) CFAYINST 5090.5 (Spill Prevention and Response Planning (SPRP) Policy) Reference (k) CFAYINST 5100.5F (Traffic, Recreation and Off-Duty (ROD), and Occupational

Safety and Health (OSH) Safety Program) Reference (l) Industrial Safety and Health Act (Roudou Anzen Eisei Ho) Reference (m) Ordinance on Prevention of Anoxia (Sanso Ketsubousyouto Boushi Kisoku)

2.2: Following Attachments are incorporated into this PWS.

Attachment (1) Environmental Protection Plan Attachment (2) CFAY Environmental Policy Statement Attachment (3) Environmental Management System Awareness Training Instruction Attachment (4) CFAY Solid Waste Tonnage Attachment (5) CFAY Waste Disposal Request

3.0 DEFINITIONS

The following definitions are applied to this contract:

Contracting Officer – Contracting Officers have authority to enter into, administer, or terminate contracts and make related determinations and findings. Contracting Officers may bind the Government only to the extent of the authority delegated to them. Contracting Officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In order to perform these responsibilities, Contracting Officers should be allowed wide latitude to exercise business judgment.

Disposal - Disposal is discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water. Proper disposal effectively mitigates hazards to human health and the environment.

Hazardous Waste - A hazardous waste is a solid waste discarded material that may be solid, semi-solid, liquid, or contained gases and either exhibits a characteristic of a hazardous waste as defined in the JEGS AP1.1 or is listed as a hazardous waste in JEGS Tables AP1.T1 through AP1.T

Industrial Solid Waste - Solid waste generated by industrial processes and/or manufacturing. These can include: cinder, sludge, used oil, used plastics, waste paper, wood residue, waste fibers, organic residue, waste rubber, waste metals, waste glass and china, slag, process wastewater, tires, animal waste, dead animals, soot and processed products of this listing.

Japan Environmental Governing Standards - Specific environmental compliance criteria, typically limitations on effluent, discharges, etc., or specific management practices with which all DOD activities and installations in Japan must comply.

Manifest - A shipping paper used to control and track the movement of industrial or hazardous waste.

Oily Wastewater (OWW) - OWW can be bilge water, water containing bulk fuels, fuel tank cleaning wastewater, ballast tank wastewater, compensating tank wastewater, bulk fuel tank bottom wastewaters, hydro-blasting wastewater and wastewater contaminated with Aqueous Film Forming Foam and Fuel System Icing Inhibitor. OWW can include any fuel produced from used oil by processing, blending or other treatment and also include any oil or waste petroleum (diesel, jet fuels containing FSII, F-76, mixed fuel waste) or Petroleum Oil and Lubricant product that has been refined from crude oil or is synthetic oil.

OWW can also include off-specification feed water, boiler and steam generator blow-down, seawater and brine.

Perfluorooctanesulfonic Acid (PFOS) - PFOS is a common hazardous substance derived from an older variant of Aqueous Film Forming Foam which has been eliminated from the Navy stock system but may still be found in use on ships and submarines.

Treatment - Any method, technique, or process, designed to change the physical, chemical, or biological character or composition of any waste. Treatment includes neutralization, energy or material resource recovery, or any process rendering a waste non-hazardous or less hazardous; safer to transport, store or dispose of; or amenable for recovery, amenable for storage, or reduced in volume. Elementary neutralization of hazardous wastes is not considered as treatment.

Treated waste oil - Treated waste oil is defined that it was separated/treated OWW which was received from the Government customer by contractor in this contract and shall be recycled by another contractor with permission by the NAVFAC FE Public Works Department (PWD) Environmental Division.

Used oil - Used oil that is recycled for reuse or burned for energy recovery is termed “used oil fuel.” Used oil fuel includes any fuel produced from used oil by processing blending or other treatment. “Used oil” means any oil or other waste petroleum, oil, or lubricant product that has been refined from crude oil, or is synthetic oil, has been used, and as a result of such use, is contaminated by physical or chemical impurities.

Oil exhibiting the characteristics of reactivity, ignitability, corrosivity, and toxicity, is still considered used oil, unless it has been mixed with other hazardous waste. Used oil mixed with hazardous waste is a hazardous waste and will be managed as a hazardous waste.

4.0 SCOPE OF WORK

4.1: Provide all necessary personnel, applicable subcontractors, labor, analysis, transportation, packaging, equipment, compilation and submission of required documentations, inspecting, marking, labeling, loading, unloading, removing and transferring/disposing/treating/recycling of OWW.

4.1.1: Pay all fees, charges, taxes and customs duties associated with the recycling of the treated waste oil.

4.1.2: Pay transportation, collection and holding cost for disposition of treated waste oil.

4.1.3: Pay disposal cost of non-regulated waste sludge and filters (industrial waste) generated from treatment operations.

4.2: Provide all necessary personnel, applicable subcontractors, labor, equipment, and supplies and materials to perform sampling and analysis, separating, packaging/containerizing, marking, labeling, inspecting, compilation and submission of required documentations, loading and unloading, removing, transferring, and transporting hazardous wastes, including PFOS, for turn-in to the government.

4.3: The service shall be performed during daylight hours and in the area of Fleet Activity Yokosuka.

Weekend and After-hours pumping of OWW may be requested via the COR but will require written permission from the Installation Commander.

4.4: The following items are excluded from this contract: gasoline, chlorinated solvents, pure ethylene glycol, silicone based products and transformer oil contaminated with polychlorinated biphenyl.

5.0 REQUIREMENTS

5.1 Sample Test (CLIN X001)

5.1.1 Prior to taking on any wastewater to the contractor’s barge, the Contractor shall obtain a sample of the bilge water onboard the ship with COR. The contractor shall then send out the sample for laboratory analysis and may NOT proceed with dewatering the bilges into the collecting/treatment barge before the laboratory results are received and dewatering is approved by COR.

5.2: Tug Boat Service (CLIN X002)

5.2.1 The contractor shall;

a. provide tug boat(s) as necessary to move the contractor’s treatment and/or collection barges to the desired location;

5.3: OWW Collection Barge Service (CLIN X003)

5.3.1: The contractor shall provide OWW collection barge service as follows;

a. provide collection barge(s) which has 75,000 gallons or larger holding capacity of OWW;

b. collect, receive, hold and transfer OWW to either a collection barge or a treatment barge;

c. provide adequate surveillance to prevent any spills during the entire transfer process;

d. keep collection barge clean, organized and the decks free of oily residue and waste at all times;

e. provide spill boom, when the service is provided outside Truman Bay and NAVSUP Fuel

Facilities; and

f. provide barge location and movement to COR by 48 hours prior to start work (when not urgent), or as soon as possible prior to start work (when urgent).

5.3.2: The Government will provide the following during OWW collection barge service;

a. furnish required hose and fitting from ship’s outlet connection to OWW barge (open hatch);

b. connect own hose and fitting to the riser on board the Government ship;

c. pump out OWW by the Government’s pump;

d. provide transfer watch stander for the Government ship’s side of the operations; and

e. provide spill boom, when the service is provided inside Truman Bay and/or NAVSUP Fuel

Facilities.

5.3.3: OWW Collection Barge Service may be used in association with OWW Treatment Barge Service.

A barge day is defined as a day when a barge is operating OWW services; is not necessarily consecutive or unlimited quantities, and the Government may request multiple locations.

5.3.4: The collected OWW under paragraph 5.3.1 shall be considered as part of quantities already being treated under paragraph 5.3.1, therefore no additional transfer and treatment charge shall be applied.

5.4: OWW Purification/Treatment Barge Service (OPTION CLINX0004)

5.4.1: The contractor shall provide OWW treatment barge service as follows;

a. provide on-site treatment barges which have 200,000 gallons or larger holding capacity of OWW and has capability to treat at least 15,000 gallons of OWW per hour; to meet discharge effluent limitations in paragraph 5.10.2 herein;

b. collect, receive, hold and treat OWW received from Contractor collection barge(s), individual ships, vacuum truck(s), and the Government collection barge;

c. provide adequate surveillance to prevent any spills during the entire transfer process;

d. keep treatment barge clean, organized and the decks free of oily residue and waste at all times;

e. provide spill boom, when the service is provided outside Truman Bay and NAVSUP Fuels

Facilities; and

f. provide barge location and movement to the COR by 48 hours prior to start work (when not urgent), or as soon as possible prior to start work (when urgent).

5.4.2: The Government will provide the following during OWW treatment barge service;

a. furnish required hose and fitting from ship’s outlet connection to OWW barge (open hatch);

b. connect own hose and fitting to the riser on board the Government ship;

c. pump out OWW by the Government’s pump;

d. provide transfer watch stander for the Government ship’s side of the operations; and

e. provide spill boom, when the service is provided inside Truman Bay and/or NAVSUP Fuel

Facilities.

5.4.3: Received OWW shall be continuously treated by the contractor to keep sufficient receiving capability. A barge day is defined as a day when a barge is operating OWW services; and is not necessarily consecutive or unlimited quantities.

5.4.4: The purify system shall be available and ready to use on a 24 hour-a-day basis during the period of performance (POP) of each task order. Contractor shall also provide 24 hour-a-day monitoring of the purifying system.

5.4.5: Industrial Waste

The contractor shall;

a. dispose of industrial waste (non-regulated waste sludge and filters) generated from treatment operations. Sludge shall be tested in accordance with JEGS Table AP1.T6 Specially Controlled Industrial Waste to be used for Ultimate Disposal in Japan,

b. provide Industrial Waste Disposal Plan for industrial waste for treated waste oil,

c. obtain approval of Industrial Waste Disposal Plan d by NAVFAC FE PWD Environmental

Division,

d. verify and sign a Japanese serialized transportation and disposal manifest for transportation and disposal of industrial waste and/or the recycling of treated waste oil prior to any disposal action,

e. obtain NAVFAC FE PWD Environmental Division POC signature on the manifest,

f. provide a copy of the transportation manifest to NAVFAC FE PWD Environmental Division through COR within seven (7) days of completing the transportation action, and

g. provide a Japanese manifest for the completed final disposal action from the disposal contractor to NAVFAC FE PWD Environmental POC through COR within thirty (30) days of completion of the final disposal action.

h. provide NAVFAC FE PWD Environmental Division through COR with the CFAY Solid Waste Tonnage report (PWS Attachment 4)

5.5: OWW Transfer Service (OPTION CLINX005)

a. Contractor shall contain all Oily Waste Water collected in performance of CLIN 0003 and transfer to the Government via CFAY to an off-base disposal facility in accordance with applicable regulations and requirements.

b. The stability of the holding barge must be maintained at all times.

c. The Contractor shall maintain the capability to safely transvferse from the barge to the pier when required.

5.6: OWW Disposal Service (OPTION CLINX006)

a. Contractor shall contain all Oily Waste Water collected in performance of CLIN 0003 and transport to an off-base disposal facility in accordance with applicable regulations and requirements.

b. Contractor shall dispose of Oily Waste Water collected in performance of CLIN 0003 via properly licensed and authorized disposal facility in accordance with applicable regulations and requirements.

c. The stability of the holding barge must be maintained at all times.

5.7: Providing Hose and Fitting Service (CLIN X007)

Notwithstanding the requirements of 5.3, when the Government requests by the order, the contractor shall provide 300 feet hose with 1 ½ inch, 2 ½ inch, 2 inch and 3 inch male or female cam-lock fitting.

The hose shall be flame retardant and oil proof for transferring OWW from ship outlet connection to contractor barge (open hatch).

5.8: Fender (CLIN X008)

5.8.1: The contractor shall:

a. provide necessary rubber fenders (typically 2) as required by the task order.

5.9: Barge Shifting (CLIN X009)

5.9.1: The contractor shall:

a. In case of ship’s sea trial or another pertinent situation, the Contractor shall disconnect the bilge transfer piping from the barge and shore Riser at designated piers. The Contractor shall return the barge to the Contractor’s plant or the nearest mooring point from the place of performance. Before disconnection, the Contractor shall thoroughly flush the bilge transfer piping.

b. The Contractor shall deliver the same barge to the place of performance within a reasonable time prior to ship’s arrival. The Contractor shall connect the bilge transfer piping to the barge and shore Riser after ship’s arrival.

c. Disconnection and reconnection shall be coordinated with the COR.

5.10: Sampling and Analysis (CLIN X010)

5.10.1: The contractor shall sample, test, profile, identify and document waste streams from the treatment barge. Provide COR with written disposal disposition as industrial waste and copies of the waste stream analysis on the hazardous characteristics of all waste streams. If the result of the profiling exceed a standard of the industrial waste, these industrial waste shall be treated as hazardous waste. Hazardous waste is identified in JEGS Chapter 6, Section C6.2.6 and Tables AP1.T1 through AP1.T4. Documentation shall include lab analysis reports and signed manifests for both hazardous and/or industrial waste. The contractor shall provide all necessary personnel, applicable subcontractors, labor, equipment, and supplies and materials to properly handle and dispose of all wastes.

5.10.2: The contractor shall conduct sampling and testing of effluent discharge from the treatment barge.

The sampling and testing shall be conducted in a laboratory that is certified by the Japanese regulatory authority for the applicable Japanese Industrial Standard (JIS) test method. The contractor shall sample and test to ensure that the parameters in JEGS Chapter 4, Section C4.3.1, “Effluent Limitations for Direct Dischargers of Conventional Pollutants,” and PWS References (b) through (e) are met and provide copies of the test results to COR within five (5) working days of receiving results from the Japanese laboratory.

a. Sampling for BOD5, TSS and pH and odor shall occur monthly. References JEGS Chapter

4, Section C4.3.1.5.1 and Table C4.T2.

b. Sampling for additional effluents and hazardous substances shall occur quarterly by October

31, January 31, April 30 and July 31 of each year. Reference JEGS Chapter 4, Section C4.3.1.3, Section C4.3.1.4 and Table C4.T4.

c. Contractor shall record daily volume of effluent discharge from collection barges. The treatment shall result in cleaned water effluent with no color that changes the color of the receiving water. The treatment shall result in cleaned water effluent that does not contain any odor that changes the odor of the receiving water.

5.11: OWW Vacuum Truck Service (CLIN X011)

5.11.1: The contractor shall;

a. provide at a minimum 2,400-gallon (10-ton) truck per job;

b. provide one 300 feet hose with 1 1/2 inch male and female cam-lock fitting and one 300 feet hose with 2 1/2 inch male and female cam-lock fitting.

c. vacuum OWW from various locations (ship tanks, POL bulk storage tanks, above and below ground tanks, portable storage tanks, oil water separators, pits, sumps, containment drains and various sized drums and holding containers);

d. transport collected OWW to the contractor’s treatment barge or alternate location specified on the task order; and

e. provide adequate surveillance during the entire transfer process for its side of the operations.

5.11.2: The Government will;

a. connect contractor’s hose and fitting to the Government tank drain; and

b. provide transfer watch stander for the Government side of the operations.

5.11.3: The Government may request multiple locations per job. The period of performance for each job will be specified on the task order but is generally not expected to exceed 24 hours.

5.11.4: The collected OWW under this paragraph shall be considered as part of quantities already being treated under paragraph 5.2, therefore no additional transfer and treatment charge shall be applied.

5.12: Hazardous Waste Transfer and Prevention (CLIN X012)

The contractor shall;

a. plan disposal scheduling accordingly; Disposal processes require a minimum of two weeks from date requested. Note disposal timeline also dependent on the waste volume.

b. immediately contact NAVFAC FE PWD Environmental Division via COR and Contracting Officer each time a waste stream is characterized as hazardous waste.

c. submit a CFAY Waste Disposal Request (PWS Attachment 5) with all necessary documentations and records (i.e. analysis result, profile sheet) to NAVFAC FE PWD Environmental Division through COR to initiation coordination of hazardous waste disposal.

A Job Order Number (JON) is required to accept the request. Contact the COR to obtain the JON for this contract.

d. cordinate with the COR to transfer hazardous waste for disposal as authorized via the CFAY Waste Disposal Request.

e. clean and sanitize contractor barge and equipment to prevent future contamination.

6.0 SAFETY REQUIREMENTS

6.1: The contractor shall;

a. take proper safety and health precautions to protect the workers, public, property of others and the environment, IAW Occupational Safety and Health Administration (OSHA), Japanese, Navy, Federal, State and local laws and regulations, as well as all work item references, at all times:

b. be responsible for identifying and complying with all safety requirements set forth in applicable safety and health regulations and/or base installation safety procedures;

c. be responsible for ensuring that his agents, employees, or subcontractors perform the work in a safe manner while executing the services of this contract;

d. ensure that all personnel involved in the handling and transportation of the material listed herein are trained in the area of spill response and general first aid procedures;

e. maintain standards designed to minimize the possibility of fire, explosion, or any unplanned release or migration of hazardous waste or its constituents to the air, soil, surface or groundwater;

f. be required to wear Personal Protective Equipment while working on U.S. installations during the handling of hazardous materials or operating equipment;

g. agree that their personnel and equipment are subject to safety inspections by the Government personnel while on CFAY property;

h. not run through service line(s) fire zone boundaries unless quick disconnects are installed in temporary service lines within 6 feet of the opening, door, or closure. The quick disconnects shall be marked with international orange tape and be positively identified with durable unique markings that include the maintenance activity name, service type, location, and shore side shut-off points. All service line(s) shall be able to be secured and pulled back within 3 minutes. Fuel gas/oxygen/compressed gas hoses, steam lines, hoses pressurized above 140 PSI, or hoses carrying hazardous/toxic/flammable materials shall not run through fire zone boundaries. Hose numbers or sizes shall not restrict free and easy access or closure of fire zone boundary doors;

i. ensure hoses are kept clear of the decks utilizing temporary support trees or ship’s structural members, such as beams, braces, and welded brackets and arranged to minimize tripping and other safety hazards and to all free access through doors, hatches, and passageways;

j. route service line(s) to allow emergency access and egress to all areas of the ship and shall not impede damage control and watch stander performance of duties. Where appropriate, run temporary services outboard to keep passageways clear;

k. take appropriate action such as fall protection when access to or from the barges;

l. use non-spark producing tools when applicable on the barges; and

m. plan emergency evacuation including mustering location, communication, and reporting etc.

6.2: Occupational Health and Safety Training

6.2.1 The contractor shall comply with the instructions of the cognizant Navy Medical Department with respect to avoidance of conditions which create a nuisance or which may be hazardous to the health of military or civilian personnel. The contractor is responsible for ensuring that their employees receive applicable Occupational Health and Safety Training and remains current on regulatory required specific training for the type of work to be conducted onsite. All contractor and subcontractors who are expected to perform work at CFAY, performing tasks that have the potential to cause a significant nuisance which may be hazardous to the health of military or civilian personnel shall be competent on the basis of appropriate education, training or experience.

7.0 ENVIRONMENTAL REQUIREMENTS

7.1: The contractor shall comply with all applicable Japanese laws and regulations, standards listed in the JEGS, and applicable CFAY instruction series.

7.1.1: The contractor shall submitted the proposed EPP as part of the proposal submission. Anytime EPP needs to be updated, the Contractor shall submit updated EPP to COR and Contracting Officer. The contractor shall not perform any work until NAVFAC FE PWD Environmental Division approves the EPP.

7.2: The contractor shall have;

7.2.1: all required and valid transportation and disposal licenses, permits and authorizations issued by the Japanese governing authority for the treatment and handling of OWW and the collection, transportation, and disposition of treated waste oil for recycling and/or energy recovery.

7.2.2: all required transportation and disposal licenses for industrial waste generated from OWW treatment operations.

7.3: In accordance with the policy and procedures identified in the CFAY Environmental Policy Statement

(PWS Attachment 2) which outlines the objectives of the Environmental Management System (EMS) program, the contractor shall perform work under this contract consistent with the following EMS Goals and Policy.

7.3.1: EMS Goals:

a. Reduce purchase and use of toxic and hazardous materials.

b. Expand purchase of green products and services; increase recycling.

c. Reduce energy and water use.

d. Increase use of alternative fuels and renewable energy.

e. Integrate green building concepts in major renovations and new construction;

f. Prevent pollution at the source.

g. Continual improvement.

h. Minimize spills.

7.3.2: EMS Policy:

a. Protect public health and the environment by being an environmentally responsible member of Yokosuka’s community.

b. Preserve natural, historic and cultural resources.

c. Conserve natural resources by reducing what we discard, reusing items, and recycling materials, which includes purchasing products made from recycled materials.

d. Integrate sound environmental practices into all operations and business decisions; Integrate environmental protection requirements and pollution prevention initiatives into the early planning, design and procurement of facilities, equipment and material.

e. Prevent or minimize pollution at its source and seek out ways to eliminate or further minimize use of hazardous materials and generation of hazardous waste.

f. Maintain a sound partnership with regulatory agencies to sustain compliance with existing and new environmental laws and regulations.

g. Enhance our program as we develop and implement an EMS.

h. Adhere to this policy, remind one another to do so, and ensure that our entire community knows this is our policy by our actions as well as our words.

7.4: The contractor shall provide monitoring and measurement information, as necessary, to address environmental performance relative to environmental, energy, and transportation management goals. In the event an EMS nonconformance or environmental noncompliance occurs, which is associated with the contracted services, the contractor shall;

a. take corrective and/or preventive actions immediately;

b. assume legal and financial liability for the noncompliance; and

c. submit the root cause and preventive measures to NAVFAC FE PWD Environmental Division through COR within ten (10) working days.

7.5: All contractor and subcontractors who are expected to perform work at CFAY under this contract shall complete CFAY EMS Awareness Training. The contractor shall provide a name list with training certifications to NAVFAC FE PWD Environmental Division through COR within fifteen (15) calendar days after award of the IDIQ contract. Submit updated list within five (5) calendar days, when any change occurs to the list. See PWS Attachment 3, Form 2-A “List of Employees”.

7.5.1: CFAY EMS Awareness Training

The contractor shall ensure that its employees are aware of their roles and responsibilities under the EMS program and how their performance affects work performed under the contract. Use the Environmental Compliance, Training and Tracking System (ECATTS). Instructions for completing EMS Awareness Training is provided in PWS Attachment 3.

7.6: Prior to the start of any OWW transfer action, the contractor shall ensure a spill boom is completely installed around the contractor barges ensuring proper containment with no gaps or spaces. The contractor shall have spill response equipment staged and ready for use for shore-based operations prior to the start of any OWW transfer action. All environmental protection matters shall be coordinated with CFAY Port Operations.

7.7: All spills and releases caused during the performance of work is the contractor’s responsibility and liability. The contractor shall;

a. have a spill response kit on-site to contain and cleanup spills and releases,

b. prevent, contain, and clean up all spills on the Government property, caused by the contractor, in a manner that complies with applicable local laws and regulations, JEGS, and reference (j), at no cost to the Government,

c. notify COR and Regional Dispatch Center at 046-816-0911 of ANY spill or release regardless of source within fifteen (15) minutes

d. reimburse the Government for all labor and supply costs, to respond, contain, and clean up spills to include disposal cost for wastes generated from the spills if cleanup is accomplished with Government assets.

7.8: The contractor shall separate treated waste oil from OWW for recycling at “No Cost” to the Government.

The contractor shall keep all revenue generated from the sale of the treated waste oil for energy recovery purposes.

7.9: The contractor shall provide NAVFAC FE PWD Environmental Division and Contracting Officer through COR a copy of the Japanese Customs Declaration on Import of Oils and Fuels Form prior to the Government releasing physical custody of the treated waste oil to the contractor.

7.10: The contractor shall provide NAVFAC FE PWD Environmental Division through COR a signed and/or stamped (Han) of the Recycle Certificate, Receipt Letter or Manifest from the treated waste oil recycling company or facility.

7.11: Inspection of any of the facilities operated by the contractor may be accomplished by the NAVFAC FE

PWD Environmental Division or authorized officials on a no-notice basis during Government regular working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by contractor negligence, the contractor shall reimburse the Government for the amount of that fine, costs of defending against administrative or other legal action, remedial action, and other costs.

8.0 OTHER REQUIREMENTS AND NOTES

8.1: The contractor shall;

a. provide “Monthly Performance Report” which includes operation of the treatment barge, collection barge location and executed barge days or vacuum truck to COR and Contracting Officer each month within ten (10) calendar days from completion of the previous month. When no contractual activity is reported the report shall be sent to the Contracting Officer;

b. provide an English and Japanese speaking point of contact to interact with the Government to address any questions or concerns regarding the contract;

c. be required to adhere to all requirements to obtain base passes for all contractor workers and to meet Harbor Security and Base Security requirements for barges, boats and vehicle operators and equipment inspections. The contractor and its personnel must adhere to CFAY rules and regulations at all times;

d. move the barges and any supporting afloat equipment off base when a typhoon is expected to impact the Yokosuka area. COR will provide the contractor with a Tropical Cyclone Conditions of Readiness (TCCOR) notification at each level of readiness attained by the installation. The contractor shall be responsible for all costs associated with moving any contractor property due to inclement weather conditions; and

e. ask COR to specify a mooring location for the contractor’s barges every day.

8.2: CFAY Port Operations will provide service craft to move and place contractor-furnished treatment and/or collection barges under an emergent situation. The Government reserves the right to move any contractor-furnished barge(s) and/or truck(s) when the Government determines movement is necessary.

a. When the contractor is required to land a barge onto a dry-dock caisson, a minimum of two vessels must be used to maintain positive control of the barge due to the grave consequences which may result if the dry-dock caisson is damaged. The Government reserves the right to stop or redirect the movement of any contractor-furnished barge(s) when the Government determines an unsafe condition exists due to lack of positive control of the barge(s).

8.3: Notification of Inspection

8.3.1: During the course of performance and at any time subsequent to performance if related to the course of this contract, the contractor shall notify Contracting Officer in writing, within three (3) working days of the contractor becoming aware of such, of any inspection by a governmental agency, either national, provincial, or local, of any scheduled or unscheduled inspection, of the contractor or one of its subcontractors, for compliance with any of the following;

a. Environmental laws and regulations;

b. Health and safety laws and regulations;

c. Labor laws and regulations; or

d. Licensing and permitting laws and regulations.

e. Audits or investigations related to tax, fraud and import/export laws

8.3.2: The notification referred to in paragraph 8.3.1 above, shall include:

a. Name, address, and contact information for governmental agency that inspected;

b. Purpose of the inspection and specific description of what was inspected;

c. Whether there was any indication at the time of the inspection as to whether the contractor or its subcontractor was in or out of compliance with the applicable laws or regulations;

d. Whether the contractor or subcontractor expects any publicity in the media as a result of the inspection; and

e. Copies of any correspondence and written material received or produced prior to or contemporaneous to the inspection.

8.3.3: A copy of any inspection report and correspondence relating to the inspection and the results and consequences of the inspection, shall be submitted to COR and the Contracting Officer within three (3) working days of contractor or subcontractor receipt of any such report or correspondence.

8.4: Notification of Events Likely to Appear in News Media The contractor shall provide prompt written notice to COR and Contracting Officer, normally within 24 hours of the event, of any events that occur during course of performance of this Contract that involve the contractor or any of its subcontractors, that reasonably have the potential to be reported, positively or negatively, by the news media.

8.5: Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the NAVY via a secure data collection site.

Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address http://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at http://www.ecmra.mil.

Minimum and Maximum Quantities

To meet the intent of FAR 52.216-22 Indefinite Quantity Clause, the Contractor shall furnish to the Government, when and if ordered, the supplies or services specified as maximum in the schedule below, and the Government shall order at least the quantity of supplies or services designated as the minimum. The quantities shown in Section B are only estimates. The exact quantities for delivery are not known at the time of award:

Minimum: $50,000 Maximum: $17,500,000

PERFORMANCE BASED SERVICE CONTRACT (PBSC)

The Government acquires the services through this contract based on PBSC concept. Quality Assurance Surveillance Plan (QASP) is described below.

Quality Assurance Surveillance Plan (QASP) for Oily Wastewater (OWW) treatment and recycling services

a. Objective This QASP has been developed to the Government in providing effective and systematic surveillance for the water purification services contract. The QASP provides the methodology by which Contractor’s performance will be monitored by the Contracting Officer Representative (COR) to determine compliance with standard performance objectives. The contract performance objectives, assessment methods, performance standards, and acceptable quality level are described below in further detail.

The COR will inspect and evaluate contractor’s performance for each evaluation area and submit “Contractor’s Performance Evaluation Sheet” (see Attachment I) to the Contracting Officer.

b. Method of Surveillance Surveillance of Contractor performance in the method will be used by the Government to determine whether the Contractor is effectively and efficiently complying with all terms and conditions of the contract. The following surveillance methods shall be used:

Measurable Performance Standard Performance Standard/AQL Performance Assessment

Method

1 Whether or not the contractor had oil spillage in the sea. (Statutory Compliance)

In the event any environmental…