Performance Work Statement-HazardousWaste.pdf

U.S. Army Corps of Engineers

Portland District Operations Division

PERFORMANCE WORK STATEMENT

For

Hazardous Waste Transportation, Treatment and Disposal Services

November 21, 2025

Prepared by Operations Division Portland District 333 SW First Avenue Portland, Oregon 97208

Table of Contents

Table of Contents

1.0 General Statement

2.0 Definitions

3.0 Government Will Furnish

4.0 Contractor Shall Furnish

5.0 Performance Standards and Requirements

5.1 Policy

5.2 Contractor Requirements

5.2.1 Facilities

5.2.2 Waste Disposal

5.2.3 Waste Treatment

5.2.4 Level of Training

5.2.5 Transportation Vehicles

5.2.6 Health and Safety Plans

5.2.7 Emergency Spill Response

5.2.8 Insurance

5.2.9 Regulatory Compliance

5.2.10 Environmental Manager

5.2.11 Contractor Manpower Reporting (CMR):

5.3 Federal and State Agencies and Regulations

5.4 Contractor Responsibility

5.5 Authorized Laboratories

5.6 Services

5.6.1 Transportation for Chemical Characterization Samples

5.6.2 Waste Characterization Laboratory and Profiling Services

5.6.3 Transportation for Treatment and Disposal

5.6.4 Drum Replacement and/or Over-packing

5.6.5 Waste Treatment and Disposal

5.6.6 Annual Waste Management Reports

5.7 Deliverables

5.7.1 Prior to Beginning Work

5.7.2 During Execution of Work

5.7.3 Following Execution of Work

5.7.4 Annual Waste Management Reports

5.8 Recordkeeping

5.9 Spill Response

5.10 Changes

5.11 Execution Timetable

6.0 Performance Requirements Summary

6.1 Performance Requirements Summary Table

6.2 Non-compliance

6.3 Surveillance

6.4 Quality Control

7.0 Safety, Environmental, and Security Regulations

7.1 Safety

7.2 Environmental

7.3 Security

7.3.1 DOT

7.3.2 Authorized Access to Transport Conveyances

7.3.3 USACE En Route Security Measures

7.3.4 Contractor En Route Security Requirements

7.3.5 Security Breach Procedure

7.3.6 Contractor Employees Identification:

8.0Site Locations and Points of Contact

8.1 Site Locations

8.2 Project POCs

9.0 Exhibits

Exhibit 1 Safety and Health Program Requirements for RCRA Operations

Exhibit 2 Contractor Waste Treatment Facilities

Exhibit 3 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods

1. Used Oil, Oil/Water Mixtures, Oil-Based Grease

2. Oil Absorbents (non-hazardous solids):

3. Bulk Oil Absorbents (non-hazardous solids):

4. Liquid Paint Wastes/Solvents (hazardous)

5. Liquid Wastes (hazardous):

6. Liquid Wastes (non-hazardous):

7. Solid Wastes (hazardous):

8. Solid Waste (non-hazardous):

9. Fluorescent Lamps (universal):

10. Mercury-Containing Equipment (hazardous):

11. Hi-Intensity Discharge (HID) Lamps (universal):

12. PCB Light Ballasts (hazardous):

13. PCB Contaminated Solid Waste (hazardous):

14. PCB Contaminated Liquid Waste (hazardous):

15. Shop Rags (contaminated with paint, thinner, and solvents) (hazardous):

16. Lead-Acid Batteries (universal):

17. Zinc-Alkaline Batteries (universal):

18. Nickel-Cadmium batteries (universal):

19. Lithium Batteries (universal):

20. Sandblast Grit (hazardous):

21. Bulk Sandblast Grit (hazardous):

22. Sandblast Grit (non-hazardous):

23. Bulk Sandblast Grit (non-hazardous):

24. Blast Booth Filters (hazardous):

25. Bulk Blast Booth Filters (hazardous):

26. Drained Oil Filters (non-hazardous):

27. Empty Drums (non-acute):

28. Anti-freeze (hazardous):

29. Anti-freeze (non-hazardous):

30. Fuel / Oil mixtures (diesel, unleaded) (hazardous):

31. Asbestos Waste (hazardous):

32. Lead Debris (hazardous):

33. Lab-Packs (hazardous):

34. Personal Protective Equipment (non-hazardous):

35. Herbicides/Pesticides (universal):

Exhibit 4 Waste Service and Supply Items Transportation for Chemical Characterization Samples Waste Characterization Laboratory and Profiling Services Transportation for Treatment and Disposal Drum Replacement and/or Over-packing Waste Treatment and Disposal Annual Waste Management Reports

U.S. Army Corps of Engineers, Portland District, Operations Division

PERFORMANCE WORK STATEMENT (PWS)

for

Hazardous Waste Transportation, Treatment and Disposal

1.0 General Statement

This is a non-personal commercial services contract for hazardous waste transportation, treatment and disposal services in support of the U.S. Army Corps of Engineers (USACE), Portland District (NWP), Operations Division (OD). Locations of service shall include the Bonneville, The Dalles, Willamette Valley, Rogue River, The U.S. Moorings Terminal 2, and The John Day Projects.

The Contractor shall provide all labor, equipment and materials necessary to perform required services under this contract and comply with all local, state, and federal regulations during the services performed. The Government will not exercise any supervision or control over the contract service providers performing the services, unless otherwise noted herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

This is a Firm Fixed-Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract with a base - year period plus four (4) option years period to be exercised per the Government’s discretion.

For testing, transporting, and disposing wastes that amount to less than $2,500.00, the Contractor shall honor the agreed CLIN pricing and allow the Government to pay for their services using a Government Credit Card.

2.0 Definitions

Throughout this performance work statement these terms are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in 5.0, Performance Standards and Requirements, and as summarized in 6.0, Performance Requirements Summary. The Contractor must re-perform all unsatisfactory work unless excused by the Contracting Officer.

Aerosol can: Means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Anti-Freeze: Liquid used in combustion engines to prevent freezing of coolant. Due to repeated cycling through the engine during use, there is potential of contamination with heavy metals (lead, cadmium, and chromium, etc.) rendering a potential Resource Conservation and Recovery Act (RCRA) hazardous waste. Analytical testing is required to make this determination.

Asbestos/Asbestos Waste: The asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite. Disposal of Asbestos Waste is regulated by the Clean Air Act (CAA) under the National Emission Standards for Hazardous Air Pollutants (NESHAPS) and considered hazardous under the Toxic Substances Control Act (TSCA). Friable asbestos is also regulated by DOT as a hazardous material when offered for transportation.

Bill of Lading: Shipping document used for the shipment of DOT hazardous materials including non- hazardous waste shipments.

Blast Booth Filters (abrasive): Solid entrapment devices used in abrasive blasting booths that may be contaminated with larger-scale residue of the product removed in the booth, such as paint. Due to the past use of lead-based paints, there is high potential this waste stream may be a RCRA hazardous waste. Analytical testing is required to make this determination.

Bulk Oil Absorbents: Bulk quantities (drop box or other suitably large shipping container) that contain pillows, booms, pads, or loose material used to absorb oil and oil based non-hazardous products.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the Contractor as observed by the Quality Assurance Evaluator.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts, and make related determinations and findings.

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract the Contractor shall not proceed with the change and shall immediately notify the Contracting Officer.

Contracting Officers Representative (COR): The Government employee who has been authorized in writing as the KO’s representative, acting within the limits of their authority. The COR may not make changes to the terms and conditions of this contract.

Department of Transportation Security Plan: This plan shall be developed when applicable under 40 CFR 172.800(b) and meet the requirements of 40 CFR 172.802.

Drained Oil Filters: Filters used in combustion engines to filter lubricant oil. Oil is hot drained from these filters, at which time they will generally be crushed and placed in drums.

Emergency Spill Response Plan: This plan shall define the procedures by which the Contractor shall respond to a hazardous materials emergency. At a minimum, the plan shall include all the sections discussed in 29 CFR 1910.120 (q) while the waste is in transportation and paragraph (p) would apply to the Contractor’s permitted treatment and disposal facility. Contractors should also pay special notice to requirements for emergency spill responders, which are discussed in paragraph in the Contractor Requirements section of this PWS.

Empty Drum: Any drum is considered empty if: 1) no additional wastes can be removed via pouring, pumping, or aspirating and 2) no more than 2.5 cm (1 inch) of liquid or 3 percent by weight of the total capacity of the container remains in the bottom of the container or inner liner for containers less than or equal to 119 gallons. If the container is larger than 119 gallons the limit is 2.5 cm or 0.3 percent by weight of the total capacity of the container. Special requirements must be used for acute wastes (RCRA Empty), see 40 CFR 261.7(b).

Fluorescent Lamps / Compact Fluorescent Lamps: A lamp that produces visible light by fluorescence. For the purposes of this Standard, it shall be considered a glass tube whose inner wall is coated with a material that fluoresces when an electrical current causes a vapor within the tube to discharge electrons. Typically, the vapor within the tube is released by the solid source Mercury (Hg), a listed hazardous waste. However, in accordance with 40 CFR Part 273 these lamps shall be treated as a universal waste.

They may be shipped on a bill of lading or a manifest.

Fuel/Oil Mixtures: Low-flashpoint auto fuels mixed with oil (see used oil) for use in 2-cycle engines. Due to the low-flashpoint component, this waste stream is typically a RCRA characteristic waste, for ignitability. Analytical testing is required to make this determination.

General Health and Safety Plan: This plan describes the Contractor’s general health and safety program. The plan shall include all applicable topics covered by Occupational Safety and Health Administration (OSHA) standards.

Grease: Semi-solid lubricant composed of emulsified mineral lubricants.

Hazard Communication Plan: A Hazard Communication Plan is a plan that provides for the safety of all employees who come into contact with hazardous substances. Plans shall be prepared by the Contractor in accordance with 29 CFR 1910.1200. At a minimum, these plans include container labeling; safety data sheet (SDS) use; and employee information and training.

Hazardous Substances: For purposes of this contract the term “hazardous substances” shall be defined using the OSHA interpretation rather than the EPA interpretation. The OSHA definition of a hazardous substance is as follows:

"Hazardous substance" means any substance meeting one or more of the criteria listed under (A) through (D) of this definition, exposure to which results or may result in adverse effects on the health or safety of employees:

A. Any substance defined under section 101(14) of CERCLA;

B. Any biologic agent and other disease causing agent which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any person, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such persons or their offspring;

C. Any substance listed by the U.S. Department of Transportation (DOT) as hazardous materials under 49 CFR 172.101;

D. Hazardous waste as herein defined. "Hazardous waste" means –

1. A waste or combination of wastes as defined in 40 CFR261.3, or

2. Those substances defined as hazardous wastes in 49 CFR 171.8.

Hazardous Wastes: Solid or liquid waste (fluids, soil, debris, etc.) that either exhibit hazardous characteristics or are listed in accordance with 40 CFR 261.3. Regardless of this standard, wastes are also hazardous if they meet the State-Only (Oregon) waste definition (OAR 340-101-033) or Washington waste definition (WAC 173-303-040), depending on the state in which the waste is generated. Management practices require treatment and/or disposal at a RCRA-permitted facility. Hazardous waste must be transported using a hazardous waste manifest and a land disposal restrictions notification form.

Herbicides/Pesticides: Biologically hazardous agents used in vegetation, rodent or insect control. Application of these materials is regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and disposal is regulated by RCRA as a listed or characteristic waste. Disposals fall under the Universal Waste Standards set by EPA or state agencies.

Lab-packs: Small quantity containers, segregated and packed, according to hazard class, into one single larger container called a lab-pack for disposal. If lab pack products are not identified by SDS or label they are considered unknowns and require full analytical testing.

Lamp: also referred to as “universal waste lamp” is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps. They may be shipped on a bill of lading or a manifest.

Lead-Acid Batteries: Power sources collected either in drums or individually, containing lead (Pb) and an acid, usually sulfuric (H2SO4). In accordance with 40 CFR Part 273 these batteries shall be treated as a universal waste or under Lead Acid Battery Exemption whenever possible. They may be shipped on a bill of lading or a manifest.

Lead Debris: Waste that has either been coated with lead-based paint, or other media contaminating the article so that it exhibits a characteristic of hazardous waste for lead (Pb) with greater than or equal to 5 mg/L Toxicity Characteristic Leaching Procedure (TCLP), rendering it a RCRA hazardous waste.

Liquid Hazardous Waste: Liquid waste that may have either hazardous characteristics or toxic contaminant levels above the EPA hazardous waste definition (40 CFR 261.3) or above the State-Only (Oregon) waste definition (OAR 340-101-033) or above the State-Only (Washington) waste definition (WAC 173-303-040.) Hazardous waste liquids require treatment and/or disposal at a RCRA-permitted facility. Non- hazardous waste liquids require treatment at a NPDES-permitted treatment facility.

Lithium Batteries: Batteries powered by lithium are typically divided into two categories. Lithium-ion batteries are rechargeable, and lithium primary batteries are non-rechargeable. Generally, these batteries are hazardous for metals and may exhibit the characteristic of reactivity (D003); however, they may be recyclable. In accordance with 40 CFR Part 273, OAR 340-113, and WAC 173-303-573, these batteries shall be treated as a universal waste. They may be shipped on a bill of lading or a manifest if they meet the definition of a DOT hazardous material and are managed as a universal waste.

Mercury Containing Equipment: Mercury-containing equipment, as defined in 40 CFR Part 273, means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function. Mercury-containing equipment that is classified as hazardous waste can be collected under the streamlined collection standards for universal waste.

Nickel-Cadmium Batteries: Power sources collected in drums containing Nickel (Ni) and Cadmium (Cd). Generally, these batteries are hazardous but recyclable. In accordance with 40 CFR Part 273 these batteries shall be treated as a universal waste.

They may be shipped on a bill of lading or a manifest.

Non-Pumpable Grease: Grease and oily products that may not be pumped from drums or containers due to their heavy consistency.

Oil Absorbents: Materials used to collect oil or grease; may include pillows, boom, pads, or loose material.

Oil, Oil/Water Mixtures, Oil-Based Grease: Used oil (as defined below) and/or grease (as defined above), possibly mixed with water (10 percent or less by volume).

Oil, Oil/Water Mixtures, Water Contaminated with Oil: Used oil (as defined below) mixed with water (greater than 10 percent by volume).

Open Head Drum: Drums with a completely removable lid, which is secured by a lever or bolt ring closure.

Over-pack Drum: Large steel or plastic drums sized to hold and contain the contents of a smaller drum.

Paint Wastes: Used or off-specification paint, lacquers, varnishes, stains, thinners, or like products.

Personal Protective Equipment (PPE) Solids: Protective clothing and breathing apparatus filters (air purifying respirators). PPE may be characterized as hazardous or non-hazardous based on knowledge of process with respect to the nature of the contaminants encountered during use.

PCB Contaminated Liquid Waste: Liquid waste with polychlorinated biphenyl (PCB) concentrations exceeding TSCA regulatory limits found in 40 CFR 761.

PCB Contaminated Solid Waste: Solid waste with PCB concentrations exceeding TSCA regulatory limits found in 40 CFR 761.

PCB Light Ballasts: Electrical devices used in the regulation of electrical power provided to fluorescent lamps. Many ballasts manufactured prior to 1977 used Polychlorinated Biphenyl (PCB) containing oils as a cooling medium, rendering them a waste regulated under the Toxic Substance Control Act (TSCA) and 40 CFR 261.8.

Project Point of Contact (POC): The Government employee who is knowledge on the waste generated at a project, develops the task order, and facilitates the waste shipments. The POC may not make changes to the terms and conditions of this contract.

Quality Assurance Evaluator (QAE): The Government employees responsible for checking Contractor performance. The QAE may not make changes to the terms and conditions of this contract.

Safety and Health Program for RCRA Operations: When Resource Conservation and Recovery Act (RCRA) operations are conducted at USACE facilities, the Contractor’s Safety and Health Program unique to that activity shall be in force. This program shall follow the format provided by OSHA’s 29 CFR 1910.120(q) while the waste is in transportation and paragraph (p) would apply to the Contractor’s permitted treatment or disposal facility. An outline of the requirements for this standard is provided as Exhibit 1. Contractors who have existing health and safety plans that meet or exceed the requirements of 29 CFR 1910.120(p) and (q) may use them to avoid duplication.

However, site- specific aspects of each job must be addressed.

Sandblast Grit: Waste residue generated from the abrasive blasting paint removal process generally containing an abrasive media such as sand, removal product waste such as paint chips, and a possible encapsulant media (e.g. lead encapsulant to render the waste non-hazardous). Due to the past use of lead-based paints or other industrial paints, this waste stream may be a RCRA hazardous waste. Analytical testing is required to make this determination prior to any shipment offsite for disposal.

Shop Rags: Absorbent articles used in work areas for clean-up of paint, thinner, oil, or solvent or used for residue-removal, or small-scale cleanup. Contamination on these rags possibly renders them either hazardous wastes under RCRA due to flammability, or as listed wastes. Solvent- contaminated wipes may be eligible for exclusion under RCRA in accordance with 40 CFR 261.4(b)(18) if the RCRA authorized state allows it and they are not contaminated with trichloroethylene. Any free liquids in the storage container must be handled in accordance with RCRA.

Solvents: Any degreasing agents, cleansers, scrubbing agents, or like products.

Solid Hazardous Waste: Solid waste (soil, debris, etc.) which may have either hazardous characteristics or toxic contaminant levels above the EPA hazardous waste definition (40 CFR 261.3) or above the State-Only (Oregon) waste definition (OAR 340- 101-033). Hazardous waste solids require treatment and/or disposal at a fully lined RCRA-permitted Subtitle C landfill or RCRA permitted treatment or disposal facility in accordance with 40 CFR 268.

Solid Waste: Non-hazardous waste solids require disposal at an appropriate fully lined RCRA- permitted Subtitle D landfill. Free liquids may not be disposed of at a RCRA landfill.

Tight Head Drum: Drums that are sealed at the top, meaning there is no way to access their content aside from one of the two designated openings that are used to funnel liquids in and out.

Used Oil: Any oil that has been refined from crude oil, or any synthetic oil that has been used as a lubricant, coolant (non-contact heat transfer fluids), hydraulic fluid, or for similar uses and because of such use is contaminated by physical or chemical impurities. Used oil includes, but is not limited to, used motor oil, gear oil, greases, machine cutting and coolant oils, hydraulic fluids, brake fluids, electrical insulation oils, heat transfer oils and refrigeration oils. Used oil does not include oil mixed with hazardous waste, except as allowed in 40 CFR 279.10(b), oil (crude or synthetic) based products such as solvents, antifreeze, waste waters from which oil has been recovered, and oil contaminated media or debris.

Uniform Hazardous Waste Manifest: Mandatory shipping document used for hazardous waste shipments as described in the Appendix to 40 CFR 262.

Universal Waste: Any waste that is a “universal waste” listed in 40 CFR Part 273.1 and OAR 340-113- 010 and subject to “universal waste requirements” of 40 CFR Part 273 and either OAR 340 Division 113 or WAC 173-303-573 depending on where the waste was generated. Generally, includes spent fluorescent lights, high intensity discharge lights, aerosol cans, pesticides, mercury-containing thermostats, and batteries (Nickel Cadmium, Lead Acid, Zinc-Alkaline, and Lithium).

Waste Profile: Written record characterizing a waste stream that is required by EPA/DEQ for all hazardous wastes prior to shipment. Characterization is usually performed through analytical testing, SDS, or knowledge of process.

Waste Stream: Common waste generation process or history.

Zinc-Alkaline Batteries: Power sources collected either in drums or individually, containing the element zinc (Zn) and an alkaline liquid or paste. Generally, these batteries are hazardous but recyclable. However, in accordance with 40 CFR Part 273, these batteries shall be treated as a universal waste. They may be shipped on a bill of lading or a manifest.

3.0 Government Will Furnish

The Government will provide a forklift and operator to assist with loading materials for transport to a treatment/disposal facility, specifically for containers exceeding 95 gallons or at locations outside the designated accumulation building.

4.0 Contractor Shall Furnish

The Contractor shall furnish all labor, equipment, and materials necessary to perform the services outlined in this agreement and comply with all applicable local, state, and federal regulations. The Contractor is responsible for loading containers of 95 gallons or less from accumulation areas.

5.0 Performance Standards and Requirements

This Performance Work Statement (PWS) outlines requirements for the characterization, transportation, treatment, and disposal of non-hazardous and hazardous waste generated by USACE civil works projects and USACE facilities within the Portland District. Developed by the District’s Environmental Compliance Coordinators (ECC) in cooperation with the Contracting Division, this PWS ensures environmentally responsible waste management in accordance with all applicable Federal and State regulations.

5.1 Policy

Hazardous waste management is regulated by the U.S. Environmental Protection Agency and state environmental agencies (Oregon Department of Environmental Quality, Washington Department of Ecology, California Department of Toxic Substances Control, Colorado Department of Public Health and Environment, and Idaho Department of Environmental Quality). USACE maintains strict oversight of the waste disposal process (“cradle to grave”) as required by Federal and State law. The Contractor shall utilize a permitted and regulated hazardous waste facility within the Western Region of the United States (defined as Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming – refer to Department of Labor Wage Determination 1992-0224). This minimizes transportation distances on public highways.

5.2 Contractor Requirements

Contractors operating under this PWS shall meet or exceed the following requirements:

5.2.1 Facilities

The Contractor shall own or operate, or have a contractual relationship with, one or more of the following permitted facilities:

1. A RCRA Part A/B permitted facility capable of managing, treating, and/or disposing of the liquid hazardous waste streams described in this contract, and compliant with 40 CFR Part 270.

2. A used oil treatment and/or recycling facility capable of managing, treating, and/or disposing of non-hazardous used oils and oil-water mixtures as described in this PWS, and compliant with 40 CFR Part 279.

5.2.2 Waste Disposal

All hazardous and non-hazardous waste disposal and treatment shall occur at permitted facilities capable of proper management, and compliant with 40 CFR Part 300 (with emphasis on Subpart 440). Only pre-approved facilities may be used. Initial facility identification is required with proposal submission; any changes must be submitted via the form in Exhibit 2 and approved before use.

5.2.3 Waste Treatment

For all waste treatment, recycling or disposal facilities, the Contractor shall use only preapproved facilities. Identification of facilities that will be used occurs initially with proposal submission. Should a different facility be needed, that information must be submitted on the form provided in Exhibit 2 and approved prior to use.

5.2.4 Level of Training

The Contractor shall employ field service technicians trained in accordance with 29 CFR

1910.120 (HAZWOPER). A HAZWOPER-trained supervisor shall be present on every job covered by this PWS.

5.2.5 Transportation Vehicles

The Contractor shall own and operate transportation vehicles meeting all applicable

DOT regulations, with drivers appropriately trained and licensed. Compliance with 40 CFR 263 is required when transporting hazardous waste. Transport vehicles must include spill response kits, bills of lading and hazardous waste manifests, a current Emergency Response Guidebook, and communication systems. Vehicles shall also have spill containment systems capable of holding at least 10% of the maximum material transported, except for tank trucks specifically designed for hazardous materials.

5.2.6 Health and Safety Plans

The Contractor shall maintain current, site-specific versions of the following plans:

• General Health and Safety Plan

• Safety and Health Plan for RCRA Operations (29 CFR 1910.120(p) or 29 CFR

1910.120(q), as applicable)

• Hazard Communication Plan (29 CFR 1910.1200)

• Department of Transportation Security Plan (49 CFR 172.800), when applicable.

These plans must address site-specific conditions at each USACE facility and each job.

Documentation of plan coverage is required as detailed in paragraph 5.7.1 prior to commencing work.

5.2.7 Emergency Spill Response

The Contractor shall maintain 24/7 emergency spill response capability, either directly or through a contract with a qualified spill response service. This service must be capable of reaching the site within four hours to manage the worst-case spill scenario involving wastes covered by this PWS.

The spill response service must comply with 29 CFR 1910.120(p) (OSHA’s RCRA standard), addressing all elements [sub-paragraphs (p)(1) through (p)(8)]. The response team must include at least two HAZWOPER-trained supervisors, and two technicians equipped to Level B protection as defined by 1910.120. This service is required for all reportable quantity discharges of oil or hazardous substance releases occurring during contract execution. Documentation of emergency response coverage is required per paragraph 5.7.1 before work begins.

The Contractor shall provide, or subcontract for, a 24/7 emergency response information provider with a dedicated phone number, as required by 49 CFR 172.604 while DOT-regulated hazardous materials are in transport.

5.2.8 Insurance

The Contractor shall maintain the following minimum insurance coverage:

• $2,000,000 Business Automobile Liability (bodily injury & property damage)

• $2,000,000 Commercial General Liability, including:

o Bodily injury and property damage liability o Contractual liability o Products and completed operations liability (extending at least 2 years past project acceptance/termination)

• $2,000,000 Pollution Liability, covering sudden and/or accidental discharges of oil or hazardous substances.

5.2.9 Regulatory Compliance

The Contractor shall have no unresolved Notices of Noncompliance, Notices of Violation, or Enforcement Actions from any local, state, or federal regulatory agency during contract performance. Any regulatory actions at the Contractor’s operations or approved facilities will trigger a review. Failure to disclose such actions may result in contract termination. The USACE Contracting Officer, in consultation with the District Environmental Compliance Coordinator and Office of Counsel, will determine the Contractor’s response to any regulatory or enforcement actions.

5.2.10 Environmental Manager

The Contractor shall employ an Environmental Manager with a professional degree and appropriate state license in environmental science, engineering, or a related field. This individual must have at least two years of full-time waste management experience and completed formal training in RCRA Manifesting, Hazardous Waste Operations, DOT Hazardous Material Worker Training, and Hazard Communication. This individual shall be knowledge on the preparation, shipment, and disposal of wastes executed under this contract and available to provide informational responses to USACE personnel.

5.2.11 Contractor Manpower Reporting (CMR):

The Contractor shall report all contract and subcontractor manpower data to the System for Award Management (SAM) at https://sam.gov. This reporting requirement covers the entire period of performance.

• The following information is required:

• Contracting Office, Contracting Officer, and COTR/COR details to be provide by

USACE.

• Contract number (including task and delivery order numbers)

• Reporting period start and end dates

• Contractor contact information (name, address, phone, email, and data entry personnel)

• Estimated direct labor hours (including subcontractors)

• Estimated direct labor dollars paid (including subcontractors)

• Total payments (including subcontractors)

• Predominant Federal Service Code (FSC) for services provided (and separate

FSC for each subcontractor, if different)

• Estimated data collection cost

• Army Requiring Activity’s Unit Identification Code (UIC) – to be provided by the

Army Requiring Activity

• Work location(s) by zip code (US) or city/country (overseas) – using standardized nomenclature from the website

• Indication of deployment or contingency contract language

• Number of contractor and subcontractor employees deployed in theater (by country)

The Contractor shall also report the estimated total cost of complying with this reporting requirement. Reports are due by October 31st each year, covering the period of performance ending September 30th of the Government fiscal year (maximum 12-month period).

Data can be submitted via direct XML data transfer (format available on the website) or by entering data directly into the website fields.

5.3 Federal and State Agencies and Regulations

The latest sections, additions, and addenda of the following Government regulations, codes, standards and recommended practices form a part of this Standard. Nothing in this Standard is to be construed as permitting work not conforming to these requirements.

California Department of Toxics Substances Control (California Code of Federal Regulations) Colorado Department of Public Health and Environment (Department Regulations)

Department of Transportation (DOT) - Hazardous Materials Transportation Act (HMTA) Regulations for transportation of hazardous materials (49 CFR Parts 100-185)

Federal Motor Carrier Safety Administration, Department of Transportation, - Federal Motor Carrier Safety Regulations (49 CFR 350-399)

Occupational Safety and Health Administration (OSHA) - Occupational Safety and Health Act, 29 CFR Parts 1910, 1915, and 1926

Oregon Department of Environmental Quality (OR-DEQ) - Oregon Administrative Rules (OAR) 340 div. 111 Oregon Occupational Safety and Health Administration (OR-OSHA)

US-Environmental Protection Agency (USEPA) - Resource Conservation and Recovery Act (RCRA) 40 CFR Part 260 through 299

Pollution Prevention Act of 1990, Section 6602

Executive Order 12856- Emergency Planning and Community Right to Know Act (EPCRA) Toxics Substance Control Act (TSCA), 40 CFR 761 and 40 CFR 763 Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Solid Waste Disposal Act (SWDA) of 1965; and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM) 385-1-1 (2014) and Environmental Compliance Policy, ER 200-2-3 (2010)

Washington Department of Environmental Quality (WA-DOE) - Washington Administrative Code (WAC) Washington Industrial Safety and Health Administration (WISHA)

5.4 Contractor Responsibility

The Contractor is responsible for understanding and complying with all applicable federal, state, and local regulations, as well as the provisions of this contract.

The Contractor assumes full responsibility for all hazardous waste streams once loaded onto their transport vehicle and shall not limit their liability. The Contractor shall indemnify and hold harmless the Government from any liability, expense, or loss resulting from non-compliance with regulations governing waste collection, handling, storage, or disposal, or from any damage, injury, or death arising from the Contractor’s negligent or willful acts.

The Contractor shall familiarize themselves with site conditions. Failure to do so will not relieve them of responsibility or justify additional compensation. All site visits must be coordinated with the Project POC (Section 9.2) and require the presence of at least two HAZWOPER-trained Contractor personnel during mobilization, site activities, transportation, and demobilization.

5.5 Authorized Laboratories

Unless otherwise specified, the Contractor shall use laboratories certified by National Environmental Laboratory Accreditation Program (NELAP) or American Association for Laboratory Accreditation for all tests required by this contract. Use of alternate labs requires prior written authorization from the USACE Portland District Contracting Officer via a contract modification.

5.6 Services

The Contractor shall provide all labor, equipment, and materials necessary to perform the services outlined in this contract, complying with all applicable laws and regulations.

The contractor shall prepare all documents related to the sampling, shipping, and disposal of waste, which Government personnel shall review and sign if agreeable. This agreement covers six categories of services (see Exhibit 4) for costing and waste tracking purposes. Task Orders will be issued for specific items, with costs computed individually and totaled for the overall Task Order amount. Exhibit 4 lists the covered waste services and supplies, including hazardous/non-hazardous designations where applicable.

5.6.1 Transportation for Chemical Characterization Samples

Upon receiving a Task Order, the Contractor shall coordinate with the Project POC to collect waste stream samples from the site. The Contractor will then transport these samples to an authorized laboratory (Section 5.5) for chemical characterization and profiling to determine waste classification (hazardous or non-hazardous).

5.6.2 Waste Characterization Laboratory and Profiling Services Using authorized laboratories (Section 5.5), the Contractor shall perform EPA SW-846 analyses as outlined in Exhibit 3 for each waste stream sample. Laboratory results and waste profiles must be delivered to the Project POC within 15 calendar days of sampling.

Proper waste characterization is essential for safe transportation and disposal. The following exceptions to the full analytical requirements apply:

• Unused Materials: Materials in original, labeled containers with a current SDS/MSDS do not require additional analysis. Items lacking these documents must be tested and profiled.

• Used Oil: Used oil from closed systems transferred to labeled containers requires an initial set of sample data as specified for used oil. If contamination is suspected, full analysis is required. A permanent record of data must be maintained, with full analytical testing performed annually or as directed by the Project POC.

• Paint/Solvent Waste: Previously tested and profiled hazardous paint or solvent waste from a single operator requires only annual quality control testing and a permanent record of data. Paint or solvent waste intended for recycling or reuse as non-hazardous must be fully tested.

The Project POC has the authority to determine the applicability of these exemptions.

No disposal shall occur without proper waste characterization.

5.6.3 Transportation for Treatment and Disposal

All hazardous waste handling and transportation shall be performed by a minimum of two (2) Contractor personnel trained to 29 CFR 1910.120 HAZWOPER standards, including one Supervisor. The Project POC will provide a forklift and operator to assist with loading containers exceeding 95 gallons or at locations outside the designated accumulation area.

The Contractor is responsible for ensuring all shipping containers are properly sealed, labeled, and DOT-approved. Any improperly labeled containers will be re-labeled by the Contractor, with notification to the Project POC. Containers not meeting DOT transportation standards will be identified and reported to the Project POC and will either be replaced or placed within a salvage drum before transport.

Transport vehicles must meet the requirements outlined in Section 5.2.5 and drivers must possess all required training and certifications, including hazardous materials transportation security, spill response, a valid commercial driver’s license (with hazardous material endorsement when applicable), and a current DOT medical examiner’s certificate. Waste materials will be stored prior to disposal at an EPA-permitted facility.

5.6.4 Drum Replacement and/or Over-packing

Drums and containers are categorized by material, size, approval rating, and purpose.

Replacement containers or new container orders will be requested via Task Order as needed.

5.6.5 Waste Treatment and Disposal

The Contractor shall manage waste as defined in section 2.0 as follows:

USACE waste streams shall be (in order of priority):

1. Recycled,

2. Re-used,

3. Offered for Energy Recovery,

4. Treated, and

5. Landfilled

No liquid waste may be landfilled without prior treatment. The Contractor shall prepare Land Disposal Restriction Forms and provide them to the Project POC with the Uniform Hazardous Waste Manifest for all applicable waste streams. The Contractor is fully responsible for ensuring all USACE waste shipments reach their intended treatment or disposal destination in compliance with all applicable state and federal laws.

5.6.6 Annual Waste Management Reports

The Contractor shall submit an Annual Waste Management Report to the Project POC by February 1st for the preceding calendar year. The report must include: (1) a volume summary of waste streams by manifest and (2) for each item in (1), the Oregon Department of Environmental Quality (DEQ) “Management System Code.” This information supports the Project POC’s annual reporting to the DEQ.

5.7 Deliverables

The Contractor shall deliver the following documents and reports:

5.7.1 Prior to Beginning Work

Within 10 calendar days of contract award, the Contractor shall submit the following plans (listed in Contractor Requirements section C.5.2(F.)):

• General Health and Safety Plan B

• Safety and Health Program for RCRA Operations

• Hazard Communication Plan

• Department of Transportation Security Plan

Unacceptable plans will result in work delays and associated costs for which the Contractor is responsible.

5.7.2 During Execution of Work

Within 15 calendar days of sampling, the Contractor shall provide the Project POC listed in Section 8.2 and COR via an email with:

• Copies of generator’s Waste Stream Profiles and associated laboratory analyses (Chemical Characterization).

• Copies of Bills of Lading or Uniform Hazardous Waste Manifests, including all other applicable regulatory forms.

5.7.3 Following Execution of Work

Within 30 days after waste is transported off-site, the Contractor shall the Project POC listed in Section 8.2 and COR via an email with:

• Original Bills of Lading, Uniform Hazardous Waste Manifests, or Waste Shipment Records confirming acceptance of waste at the disposal facility. No other documentation is acceptable for disposal verification.

• Certificates of treatment, recycling, or disposal issued by the receiving facility.

• Site-specific recommendations to improve waste stream management or minimize waste, to be communicated directly to the Project POC listed in Section

8.2 and COR via an email.

5.7.4 Annual Waste Management Reports

The Contractor shall submit an Annual Waste Management Report to the Project POC listed in Section 8.2 and COR via an email by February 1st for the previous calendar year. The report must include:

• A summary of waste volumes, organized by individual manifest.

• For each manifest listed in (1), the Oregon Department of Environmental Quality

(DEQ) “Management System Code.” This information supports Project POC reporting to the DEQ.

5.8 Recordkeeping

The Contractor shall maintain and provide to the Project POC listed in Section 8.2 and COR via an email with all Bills of Lading, Waste Shipment Records, and/or Uniform Hazardous Waste Manifests for all contract-related waste operations, from loading to disposal. The Contractor is responsible for all costs associated with the EPA’s e-manifest system. Records must also include the date, location, and method of loading, transport, storage, treatment, and disposal, along with Project POC and/or COR contact information. A signed certificate of recycling, treatment, reuse, or destruction must accompany all waste materials. Project POCs will register with the EPA’s e-manifest system to receive completed manifests.

5.9 Spill Response

The Contractor is responsible for the immediate cleanup of any waste material spilled during contract execution, up to the point of treatment, at their own expense and in accordance with applicable regulations. Any spill of a reportable quantity must be immediately reported to the National Response Center.

Spills released to the environment are considered emergencies. Response priorities are human health and safety, environmental protection, and property protection, in that order. After containment, the Contractor shall fully clean the spill area with trained personnel and appropriate equipment.

• On USACE Property: Follow the Project’s Spill Response Plan and operate under the direction of the Project POC during the emergency. Immediately contact the 24-hour Control Room number in Section 9.2 (Points of Contact).

• On Public Roadways: Follow the instructions of the EPA, USCG, or State regulatory authority and the designated On-Scene Coordinator.

The Contractor shall notify the Project POC as soon as possible of any oil or hazardous substance release. For after-hours spills, contact the 24-hour Control Room number in Section 9.2 (Points of Contact).

5.10 Changes

If a disposal facility identifies materials inconsistent with container labels, MSDS/SDS sheets, or laboratory results, the Contractor shall immediately suspend disposal and contact the Project POC listed in Section 8.2 and COR via phone. The COR will coordinate with the Contracting Officer and Project POC to determine the appropriate disposal method. No changes to the disposal method will be reimbursed without prior coordination with the Project POC and authorization from the Contracting Officer.

5.11 Execution Timetable

The following table summarizes key performance times for this contract. All timeframes are maximums, expressed in calendar days.

TASK Timeframe (Days) Trigger Transportation for Sampling 10 Notification to Proceed Waste Characterization &

Profiling 15 Following Sampling

Transportation for Treatment & Disposal

10 Project POC Approval of Waste Profiles via email with COR cc’ed Drum Replacement/Over-packing As Needed Materials Transport to

Facility Waste Treatment &

Disposal 30 Waste Transport to Facility

Shipping Documents 10 (post-disposal) Time of Transportation Certificates of

Recycling/Disposal 10 Following

Treatment/Disposal

Typical Waste Stream Disposal Sequence:

Day 1: USACE KO notifies Contractor to proceed.

Day 10: Contractor samples waste streams.

Day 25: Contractor submits lab results & draft Waste Stream Profiles to Project POC and COR.

Day 35: Contractor transports waste to approved facility.

Day 45: Contractor submits manifests & shipping documents to Project POC and COR.

Day 55: Contractor provides Certificates of Recycling/Disposal to Project POC and

COR.

6.0 Performance Requirements Summary

The Performance Requirement Summary (PRS) ensures the Government receives contracted services and only pays for accepted work. The PRS defines performance standards, outlines surveillance methods, and verifies the Contractor delivers the required results effectively and on time. Government quality assurance will be conducted as needed to ensure contract compliance.

Contractor service requirements are defined by performance objectives tied to essential mission elements. Performance thresholds represent the minimum acceptable quality levels (AQL) for each requirement and are critical for mission success.

6.1 Performance Requirements Summary Table

The following criteria will be used to evaluate performance. Work will be considered unacceptable if any of the conditions outlined in the Quality Assurance Surveillance Plan are not met.

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Performance Standard

Acceptable Quality Levels

Surveillance Validated

Complaints

Transportation for Chemical Characterization Samples

PWS Paragraph

5.6.1

0 deficiencies permitted

100% Inspection

1 per quarter

Waste Characterization Laboratory and Profiling Services

5.6.2

Periodic

Inspection

Transportation for Treatment and Disposal

5.6.3

Drum Replacement and/or Over-packing

5.6.4

Waste Treatment and Disposal

5.6.5

0 deficiencies permitted

Periodic Inspection

0 deficiencies permitted

Annual Waste Management Reports

5.6.6

6.2 Non-compliance

The Quality Assurance Evaluator (QAE) will notify the Contracting Officer’s Representative (COR) and the Contracting Officer (KO) of unacceptable performance. If services do not meet contract requirements, the Government may require the Contractor to re-perform the work at no additional cost.

If defects cannot be corrected by re-performance, the Government may:

1. Require the Contractor to take corrective action to ensure future compliance.

2. Reduce the contract price to reflect the diminished value of the services.

3. If the Contractor fails to promptly re-perform or take corrective action, the

Government may:

a. Perform the services and charge the Contractor all associated costs.

b. Issue a Cure Notice.

c. Terminate the agreement for convenience.

d. Terminate the agreement for cause.

4. Late Waste Characterization Penalties: If the Contractor fails to submit waste characterization results to the Project POC and COR within 15 calendar days of the sampling date, USACE will assess the following penalties to offset incurred costs:

Days Late Penalty to Contractor

Within 15 days None 1-3 days $25.00 4-7 days $50.00 8+ days $100.00

6.3 Surveillance

The Government will monitor performance through periodic and 100% inspections by the QAE, as well as review of complaints from project personnel. The COR will report any deficiencies or complaints to the Contractor’s Quality Control Inspector (QCI) for correction.

6.4 Quality Control

The Contractor is solely responsible for quality control to meet contract standards. The Contractor shall develop and submit a Quality Control Plan (QCP) for Government approval, consistent with the Performance Work Statement (PWS) standards. Once approved, the QCP will be incorporated into the Quality Assurance Surveillance Plan

(QASP).

The QASP is part of the solicitation but not a binding element of this contract and is subject to change at the…