Performance Work Statement N42158-23-RFI-MW.pdf

Performance Work Statement (PWS)

For Treatment and Disposal of Mixed Waste in Support of the Naval Nuclear Propulsion Program

Section A: Scope

1. Objective:

Contractor services are required for treatment and disposal of Naval Nuclear Propulsion Program (NNPP) radioactive and hazardous waste, hereinafter also referred to as “Mixed Waste”.

Section B: Applicable Documents

1. Documentation:

a. Title 40 Code of Federal Regulations (CFR) “Protection of Environment”

b. U.S. Department of Energy Health, Safety, and Security Office of Corporate Safety Analysis, “Suspect/Counterfeit Items Awareness Training”

c. Title 49 CFR “Transportation”

d. OPNAVINST N9210.3 Safeguarding of Naval Nuclear Propulsion Information (NNPI)

e. Title 10 CFR “Energy”

f. OPNAVINST 5510.60N Office of Chief of Naval Operations Security Regulations Manual

g. Occupational Safety and Health Act (OSHA)

Section C: Requirements

1. General Requirements:

a. The Contractor shall treat regulated waste material to comply with treatment standards identified in Title

40 CFR Section 268, applicable authorized State hazardous waste treatment standards, and the applicable disposal site waste acceptance criteria (WAC). The treatment process shall minimize volume of residuals requiring disposal.

b. Contractor shall (at their own expense) comply with all laws, regulations and ordinances of any and all applicable Federal, State, and Local authorities regarding licenses, permits and consents that may be necessary. The Contractor shall be liable and responsible for complying with all applicable laws and regulations covering the shipping, handling, transporting, storing, processing, and disposing of radioactive waste, mixed waste, and Toxic Substances Control Act (TSCA) regulated waste. This includes liability and responsibility for compliance with all laws and regulations implemented by the

Nuclear Regulatory Commission (NRC), Environmental Protection Agency (EPA), Department of

Transportation (DOT), appropriate NRC Agreement State (as applicable), and any other applicable authority. This also includes those laws and regulations specified in the OSHA, TSCA, and associated disposal site WACs.

c. The Contractor shall provide a Broker for shipments of waste materials, if the waste material will be sent to a treatment facility located in a State requiring a specific license for delivery. The Contractor shall provide a Broker that has obtained the proper State authorization/license to assure that waste material may be transported from the NNPP site to the treatment facility’s State.

2. Specific Requirements:

a. The Contractor shall provide transportation, at the sites option, in accordance with DOT requirements, for waste materials from the following NNPP sites and locations, such as (but not limited to):

i. *Bettis Atomic Power Laboratory (Bettis), West Mifflin, PA

ii. Electric Boat Shipyard (EB), Groton, CT

iii. *Kenneth A. Kesselring Site (Kesselring), West Milton, NY

iv. *Knolls Atomic Power Laboratory (Knolls), Niskayuna, NY

v. Naval Base Coronado (NBC), San Diego, CA

vi. *Naval Reactors Facility (NRF), Idaho Falls, ID

vii. Naval Station (NAVSTA) Everett, Everett, WA

viii. Norfolk Naval Shipyard (NNSY), Portsmouth, VA

ix. Huntington Ingalls Industries-Newport News Shipbuilding (HII-NNS), Newport News, VA

x. Nuclear Power Training Unit (NPTU), Charleston, SC

xi. Nuclear Regional Maintenance Department Bangor (NRMD-Bangor) Bangor, WA

xii. NRMD-New London, New London, CT

xiii. NRMD-Norfolk, Norfolk, VA

xiv. NRMD-Point Loma, San Diego, CA

xv. Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNS & IMF), Pearl Harbor, HI

xvi. Portsmouth Naval Shipyard (PNS), Kittery, ME

xvii. Puget Sound Naval Shipyard & Intermediate Maintenance Facility (PSNS & IMF), Bremerton, WA

xviii. NRMD-Kings Bay, Kings Bay, GA

*Designated Department of Energy-NNPP site (DOE-NNPP)

b. Additional transportation requirements are necessary for PHNS&IMF shipments, as the transportation of waste will occur in two segments: an ocean voyage and a land voyage. Section C.5.m provides details related to these requirements.

c. The Contractor shall provide written verification that the treatment facility has the appropriate permit(s) for and shall accept the waste from the generating site as per Title 40 CFR Section 264.12(b).

d. The Contractor shall not handle, process, treat, or package waste material for disposal so as to mix or commingle other generators’ waste materials or cross-contaminate NNPP waste materials with waste from other non-NNPP generators. The Contractor may commingle waste materials from various NNPP sites if: (a) the sites are within the same disposal compact region, (b) the treatment residuals can be shipped/disposed at the same disposal facility, and (c) the commingling results in reduced costs to the

NNPP.

e. Treatment of waste material will be deemed successfully performed only after analytical results confirm compliance with all applicable treatment standards and the disposal site WAC. It is the Contractor's responsibility to promptly notify the Contracting Officer and Contracting Officer Representative of any issues that could adversely affect schedule, impact performance or result in non-compliance.

f. The Contractor shall package and provide transportation, in accordance with all DOT requirements, for the resulting residual/waste products to a DOE, Agreement State, or NRC-licensed disposal facility.

The disposal facility will be as specified in Section C.6. Shipments of treatment residuals, if required, for further treatment or disposal shall be minimized.

g. For waste residuals going to a licensed radioactive waste disposal facility or a radioactive waste disposal facility having RCRA Subtitle C authorization, the Contractor shall pay all expenses related to disposal of waste residuals, unless otherwise stated in the task order, with the exception of expenses related to disposal of residuals at the US Ecology disposal facility in Richland, WA (Northwest Compact Disposal

Site). These expenses will be billed directly to the generating NNPP Site within the Northwest

Compact, as specified in Section C.6.b.i. Shipments of treatment residuals, if required, for further treatment or disposal shall be minimized.

h. As designated in the task order, the Contractor shall disposition original shipping containers and packaging materials as radioactive waste to a DOE or licensed disposal facility if not reused for disposal of NNPP treatment residuals (see Section C.6 for specification of disposal facilities). All containers shall be empty in accordance with Federal, State and Local requirements prior to disposition or reuse. If reused, the Contractor shall ensure the original waste shipping containers are acceptable for transportation in accordance with Federal, State and Local requirements and the applicable disposal site

WAC.

i. The Contractor, upon taking possession of waste material will assume liability for loss and all other incidents of ownership to the waste material and its containers.

j. If the Contractor receives waste material that is not consistent with waste profile forms, the Contractor shall notify the Contracting Officer’s Representative (COR) and applicable NNPP site’s technical representative(s) within one (1) calendar day. If the waste can be treated, the Contractor shall submit a quote for treatment of the waste material for approval by the Contracting Officer prior to treating the waste. The waste shall not be treated until after the Contracting Officer approves the submitted quote.

The Government reserves the right to arrange alternative treatment services for the waste material if it is advantageous to the government. If the waste material cannot be treated, the contractor shall submit a quote to the Contracting Officer for subsequent shipping/transportation of untreated waste to a location designated by the COR. The waste shall not be shipped or transported until after the Contracting Officer approves the submitted quote. The Government reserves the right to arrange alternative shipping/transportation services for the untreated waste material if it is advantageous to the government.

k. After the Contractor receives waste material that is consistent with waste profile forms, and after acceptance of the waste material at the Contractor’s facility for treatment, if treatment is not successful to permit proper disposal, the Contractor shall make arrangements with the COR for disposition of the waste material. Payment shall not be required of the NNPP for unsuccessful treatment nor for subsequent shipping/transportation of the untreated waste material to a location for further treatment designated by the COR. The Contractor shall be responsible for these expenses.

l. The Contractor shall permit site visits by NNPP representatives at all reasonable times. In the event of a site inspection where a contract violation is identified, the Contractor may be held liable, at the discretion of the NNPP, for all costs incurred for the movement of waste materials delivered by the

NNPP sites, if required, from the Contractor’s facility to a location designated by the COR. These costs may include, but are not limited to, transportation, storage, security and disposal.

m. The Contractor shall submit reports and information as specified in Section C.20 to the COR and to the shipping NNPP site(s) technical representative as identified in each task order.

n. Restrictions, requirements, and certifications, which the Contractor will require of the NNPP sites relevant to all applicable Federal, State, and Local laws and regulations, shall be identified in the

Contractor’s offer.

o. The Contractor shall inform the COR immediately if documentation or material marked as Classified or

Unclassified Naval Nuclear Propulsion Information (NNPI) is received under this contract. The

Contractor shall follow the instructions provided by the COR to ensure the documentation or material is safeguarded properly.

3. Requirements for Waste Material:

a. The waste materials to be received under the resulting contract will contain hazardous constituents that require treatment. Treatment methods used shall be in accordance with Contractor’s Licenses, Permits, WAC, and applicable waste profiles and shall ensure that the final waste form meets land disposal requirements (LDR) standards per Title 40 CFR Section 268, TSCA standards per Title 40 CFR Section

761 and the applicable disposal site WAC. See Table A for a list of waste streams that the Contractor will be expected to accept for treatment. The waste material matrix may consist of liquids, gases, aerosols, sludges, aqueous materials, debris, soils, and solids. The waste material will be only of the type set forth in the waste approved profiles.

i. Incoming waste shipments may require segregation, disassembly, cutting and sizing by the

Contractor prior to treatment.

ii. On occasion, the DOE-NNPP sites (See Section C.2.a for identification of DOE-NNPP sites) may require storage and treatment a solid mixed waste stream containing Special Nuclear Material

(SNM) (See Section E for the waste stream specifics). The Contractor shall be able to transport, store, treat and have access to disposal facilities as designated in Section C.6.b.ii, C.6.b.iii, and

C.6.b.iv, as applicable. The Contractor shall ensure compliance with the disposal facility WAC prior to shipment of any treatment residuals having SNM for disposal.

b. Waste material for processing, treatment and disposal will contain individual radionuclides or combinations of radionuclides listed in Title 49 CFR. Waste material will normally meet the limits of

Class “A” waste as defined by Title 10 CFR Section 61.55. No waste material requiring disposal as

Class “B” or “C” will be processed under the resulting contract.

c. Waste packaging may consist of polyvinyl chloride (PVC) wrapping materials, polyethylene wrapping materials, paper, wood, tape, polyurethane wrapping materials, absorbent materials (e.g., spill pillows, etc.), plastic sample petri dishes, and glass/polypropylene/steel/polyethylene containers with attached paper and plastic tags and signs. It is the Contractor’s responsibility to properly process, store, transport, and dispose of these materials at the designated disposal site as specified in Section C.7. The Contractor shall use volume reduction methods such as consolidation, compaction, thermal destruction, or shredding to minimize treatment/disposal costs to the NNPP.

4. Requirements for Processing Methods:

a. The waste material shall not be handled, processed, or packaged for disposal so as to mix or commingle other generators’ waste materials, or cross-contaminate waste materials with waste from other generators, with NNPP waste material. The Contractor may commingle waste materials from various

NNPP sites as specified in Section C.2.d. Disposal of treatment residuals shall be in accordance with

Section C.6.

b. All work (i.e., transportation, waste material processing, analytical services, treatment, and disposal of the waste material) shall be performed in the United States.

c. The Contractor shall process all waste materials presented within timeframes identified in the treatment facility permits and licenses and the period of performance identified in the task order. After treatment, residuals shall be shipped for disposal within timeframes identified in the treatment facility permits and licenses. The COR shall be notified of any occurrence where waste material cannot be disposed within these timeframes or the period of performance identified in the task order.

d. Laboratory services used by the Contractor for waste certification and treatment verification shall be performed in compliance with the test methods defined in Title 40 CFR Section 261 and SW-846, Test

Methods for the Evaluation of Solid Waste, Physical/Chemical Methods (Most Recent Edition) and other applicable standards. Treatment residual analyses performed by, or for, the Contractor shall be adequate to properly verify treatment residuals for acceptance/disposal at the applicable disposal site.

The laboratory shall have implemented a written Quality Assurance Program Plan as specified in the requirements of SW-846. Upon request, the laboratory shall submit quality assurance documentation to the COR. The utilized laboratories shall be licensed by the NRC to handle radioactive material since the residuals are potentially radioactive or known to be radioactive. Additionally, any laboratories to be used shall hold a current certification for both radiological and chemical analyses from the state intended for disposal. This certification is necessary to support radioactive and hazardous waste disposal actions.

Laboratory services may be subcontracted.

e. The Contractor shall establish a “chain of custody” procedure for laboratory analytical samples.

Analytical reports shall be clearly traceable back to specific waste material containers and shipping manifests. Reports documenting laboratory analyses shall be signed and certified by an authorized representative of the laboratory.

5. Transportation Requirements:

a. Transportation of waste materials to the treatment facility may be subcontracted, but the subcontractor shall be under the direct authority of the Contractor. The subcontractor’s vehicles, equipment and personnel shall fully comply with these transportation specifications and the Contractor’s representations.

b. The NNPP site(s) will submit all shipping documentation to the Contractor for approval prior to shipment of the waste from the NNPP site(s) for subsequent treatment by the Contractor. The

Contractor shall provide shipment approval within seven (7) calendar days of receipt of the shipping documentation. For emergent tasks, approval shall be provided within 48 hours. The waste shipment will commence upon the NNPP site(s) receiving all approvals necessary by the Contractor.

c. Shipping containers and conveyances supplied by the Contractor to the NNPP site(s) shall be either new or refurbished and appear in a like new condition on all interior and exterior sides, including the top and bottom sides. All seals on access panels (i.e., doors and removable tops) shall be new or refurbished to be in a like new condition. Latches, door handles, chains and binders located on or attached to the container shall be in proper working order and be new or in a like new condition. In addition, all required external markings should be clearly legible. The required certifications associated with any container shall be current and shall not expire within one year from the date the container is delivered to an NNPP site. The contractor shall be required to furnish chains, ropes, straps or other rigging materials as necessary to secure the load to the transport vehicle. The contractor shall be required to furnish friction mats upon request. All tie-down equipment supplied by the contractor shall be new or in like new condition and be in proper working order to support its intended function. Any tie-down equipment found to have suspect/counterfeit components as identified in the latest version of the U.S. Department of Energy Health, Safety and Security Office of Corporate Safety Analysis, “Suspect/Counterfeit Items

Awareness Training” shall be rejected and replaced at the contractor’s expense.

d. At a minimum, the Contractor shall have the ability to transport shipments from two (2) different NNPP facilities within the same week, with no expectation of route overlap.

e. On certain shipments, two (2) drivers may be required by the NNPP shipping site to expedite the transportation of the material.

f. The NNPP site will typically commence shipments within two (2) weeks of approval, or another time frame, which has been agreed to by the Contractor and the site. For emergent tasks, shipment will commence within one (1) week of obtaining approval as specified in Section C.6.b.

g. If the contractor has multiple treatment/processing facilities, the Contractor shall advise the COR and the NNPP site of any impending shipment at least forty-five (45) calendar days prior to transfer between treatment/processing/disposal facilities.

h. Waste material for treatment will be shipped in containers approved to DOT specifications identified in

Title 49 CFR unless special exemptions are allowed by the COR. Material will be packaged for shipment by NNPP site personnel in accordance with DOT and applicable state and NRC regulations.

Material will be packaged, shielded, marked, and labeled by the sending NNPP site as required by Title

49 CFR and Title 10 CFR and all applicable Federal, State, Local and NNPP Site regulations.

i. The material shall be removed from the NNPP site in truckload units. Cognizant NNPP site personnel will determine truckload units. The prime criteria for determining the truckload shall be either by volume or by weight.

j. Radiation and contamination levels on Contractor vehicles shall meet the requirements identified in

Section D.

k. The Contractor’s driver shall transport the material directly to the treatment facility/facilities upon departure from the NNPP site. Unless otherwise specified in a task order, no other stops are authorized.

In addition, the driver shall notify the NNPP site Point of Contact (POC) (listed in the shipping papers) and the shipping Broker (if used) immediately of any problems encountered, such as mechanical problems with the equipment, accidents, adverse weather conditions, or any other conditions which would result in a delay in delivering the material to the treatment facility.

i. The cognizant and/or Contractor personnel shall contact the COR within 24 hours from the occurrence of any problems identified above.

l. Tie-down and rigging equipment furnished by NNPP sites to secure the load for shipment shall be returned to the NNPP site when requested.

m. For shipments from PHNS&IMF, the transportation of waste will occur in two (2) segments, an ocean voyage and a land voyage. Details of the transportation of the waste between PHNS&IMF and the treatment facility are as follows:

i. PHNS&IMF shall provide and/or coordinate the ocean transport from PHNS&IMF to the Port of

Entry on the West Coast.

ii. PHNS&IMF will provide the freight container for the shipment.

iii. The Contractor shall coordinate with the ocean transporter for loading of the freight container onto the

Contractor’s vehicle at the Port of Entry.

iv. The Contractor shall provide the land transport from the Port of Entry on the West Coast to the

Contractor’s facility.

v. After removal of the PHNS&IMF waste from the conveyance at the treatment facility, the

Contractor may be required to return the freight container to another facility. The location of the return facility will be identified prior to placement of a task order and a price quote for return of the freight container will be requested at that time.

n. The Contractor shall pick-up the waste materials at the NNPP site (or the Port of Entry for PHNS&IMF shipments) as specified by the NNPP site.

o. Waste materials being transported will contain individual radionuclides or combination of radionuclides listed in Title 49 CFR. The waste materials will be Class A. No Class B or Class C waste materials will be shipped under the resulting contract unless agreed to by the COR and the Contractor prior to shipment.

p. Radiation dose rates from the packages offered for transport will not exceed any limits imposed by Title

49 CFR.

q. The Contractor shall sign for and accept transport responsibility as the carrier as soon as each shipment is loaded in the vehicle. The Contractor’s driver shall have in their possession an up-to-date emergency response plan that includes actions required in the event of an accident. The plan shall also include all applicable Federal, State and Local authorities to be notified. Only in the event of an accident within the boundaries of the NNPP site shall the NNPP site be required to provide assistance. The above recipients shall also have in their possession personnel dosimetry and radiation monitoring equipment to be utilized as required by the Contractor’s NRC or NRC Agreement State license, emergency response plan, and anything else applicable.

r. The Contractor shall ensure that NNPP site approved routes for transport of radioactive material within the NNPP site are followed. The Contractor shall provide the NNPP site with off-yard routes prior to each shipment, upon request. The Contractor shall be responsible for ensuring that routes meet the requirements of Title 49 CFR and applicable Federal, State, and Local regulations.

s. The Contractor shall also be responsible for obtaining and satisfying all associated permits and fees.

t. NNPP site personnel will place materials on contractor’s vehicle, unless otherwise specified. The NNPP site will:

i. Furnish dunnage, as necessary, to permit safe transport of material,

ii. Brace or cushion the load to prevent movement,

iii. Secure the load using either contractor-supplied or NNPP-furnished equipment for safe transportation, and

iv. Arrange for distribution of weight and compliance with radiation levels specified in Title 49 CFR.

The contractor is responsible to ensure the load is properly secured.

u. The Contractor’s driver shall assist in loading waste containers aboard the Contractor’s truck upon request. Upon completion of the loading operation, the driver shall secure and/or replace covers and closures as necessary on the vehicle and shall sign for and accept transport responsibility as the carrier and custodian of the waste materials.

v. The Contractor shall be responsible for off-loading NNPP waste materials from transport vehicles that are used to deliver waste materials to the Contractor’s facility for treatment and disposal in accordance with the resulting contract and in accordance with all applicable DOT, State, and NRC regulations. If the contractor performs sampling of the waste materials as part of the receipt process at a treatment facility, a copy of the analytical results shall be provided to the COR upon request.

w. The Contractor shall immediately notify the COR of any DOT discrepancy (for example, those identified in Title 49 CFR Section 107 Subpart D, Appendix A) during receipt inspection of a shipment of waste from an NNPP site.

x. During receipt inspection of a shipment of waste from an NNPP site, the Contractor shall immediately notify the COR of radioactivity detected on the waste package or of any radioactivity detected on the transport conveyance.

y. The Contractor’s carrier shall have current Hazardous Waste Transporters Permits for all applicable

States of carriage.

z. The contractor shall provide survey results as indicated in Section D upon request.

aa. Any special tags or labels required due to DOT special permits held by the Contractor shall be furnished by the Contractor.

bb. The Contractor shall ensure all vehicles are inspected per the requirements of Title 49 CFR Section 396 and per the NNPP site inspection requirements prior to each use to transport radioactive materials under this contract. The results of this inspection shall be provided to the NNPP site upon request prior to release of materials to the Contractor’s custody. Discrepancies observed in the checklist or other discrepancies which may be found associated with the Contractor's vehicles shall be the sole responsibility of the Contractor to correct prior to shipment. The Contractor shall be responsible for any costs associated with delays resulting from the Contractor's failure to comply with regulatory, statutory or contractual requirements. Detention and demurrage charges will not apply.

cc. The Contractor shall be capable of responding to emergencies that may occur during transportation of radioactive and mixed wastes over public highways between the NNPP site and the treatment/disposal site. As a minimum the Contractor shall:

i. Provide the driver with an accident plan, which shall include instructions for calling DOT and NRC

(or NRC Agreement State) agency in the event of an accident. The Contractor shall make provisions for Radiological Control Response capabilities at the accident site.

ii. Equip each vehicle used to transport waste with material required in the event of a minor accident or spill to isolate and post the affected area, contain small spills of solid or liquid waste materials, protect initial emergency response personnel (including the driver) from becoming radioactively contaminated, and to perform radiological surveys to determine the extent of the spread of the waste materials.

iii. Maintain personnel and equipment and arrangements for transportation of the personnel and equipment in order to respond to a major accident or spill at any location between the NNPP site and the treatment site. The Contractor shall maintain sufficient personnel and equipment to: (a) isolate and contain any spread of waste materials, (b) repackage waste materials as necessary, and (c) perform radiological surveys as necessary to determine actions necessary to release the site for unrestricted access.

dd. When transporting waste residuals from the treatment facility to the disposal facility, or to a secondary treatment/processing facility, the Contractor shall advise the COR of the impending shipment as specified in Section C.20.g at least forty-five (45) calendar days prior to the shipment.

6. Waste Disposal Requirements:

a. The contractor shall be responsible for ensuring the processed material satisfies the WAC of the specified disposal facility. After treatment has been verified to meet LDR, residuals shall be shipped for disposal within timeframes identified in the treatment facility permits and licenses. The COR shall be notified of any occurrence where waste material cannot be disposed within these timeframes or within the task order period of performance.

b. Contractor services shall include the packaging, generation of proper shipping documentation and transport of radioactive waste (including used containers) and waste material treatment residuals from the Contractor’s site to a disposal facility as designated by the generating site in the task order.

i. The following NNPP sites, located in the Northwest Interstate Compact, radioactive waste generated from processing and treatment, and which is acceptable for disposal at US Ecology, shall be disposed at US Ecology in Richland, Washington (Northwest Interstate Compact Disposal Site) or at an alternative licensed radioactive waste disposal facility having proper RCRA Subtitle D authorization. The Contractor, generating site, the Northwest Compact, and the COR must agree if an alternative RCRA Subtitle D disposal site is utilized. Characteristic mixed waste from the following NNPP sites that has been treated to render the waste non-hazardous and satisfies LDR for disposal at a RCRA Subtitle D landfill, may be disposed at US Ecology in Richland, Washington

(Northwest Compact Disposal Site) or at an alternative licensed radioactive waste disposal facility having proper RCRA Subtitle D authorization. The Contractor, generating site, the Northwest

Compact, and the COR must agree on the use of the alternative RCRA Subtitle D disposal site:

1. PHNS&IMF, Pearl Harbor, HI

2. PSNS&IMF, Bremerton, WA

ii. For the following NNPP sites, radioactive waste generated from processing and treatment, may be disposed at EnergySolutions in Clive, Utah; Waste Control Specialists (WCS) in Andrews County, Texas; or at another licensed radioactive waste disposal facility designated by the generating NNPP site in the task order. Characteristic mixed waste from the following NNPP sites that has been treated to render the waste non-hazardous and satisfies LDR for disposal at a RCRA Subtitle D landfill, may be disposed at EnergySolutions in Clive, Utah; WCS in Andrews County, Texas; or at alternative licensed radioactive waste disposal facility designated by the generating site:

1. EB, Groton, CT

2. NBC, San Diego, CA

3. NRF, Idaho Falls, ID (DOE-NNPP site)

4. NNSY, Portsmouth, VA

5. HII-NNS, Newport News, VA

6. NPTU, Charleston, SC

7. NRMD-New London, New London, CT

8. NRMD-Norfolk, Norfolk, VA

9. NRMD-Point Loma, San Diego, CA

10. PNS, Kittery, ME

11. NRMD-Kings Bay, Kings Bay, GA

12. Bettis, West Mifflin, PA (DOE-NNPP site)

13. Kesselring, West Milton, NY (DOE-NNPP site)

14. Knolls, Niskayuna, NY (DOE-NNPP site)

iii. All NNPP site treatment residuals that require RCRA Subtitle C disposal shall be disposed at

EnergySolutions in Clive, Utah; WCS in Andrews County, Texas; or at an alternative licensed radioactive waste disposal facility having proper RCRA Subtitle C authorization. The Contractor, generating site, and COR must agree on use of the alternative RCRA Subtitle C disposal site.

iv. DOE-NNPP site treatment residuals may require disposal at the Nevada National Security Site

(NNSS) in Nevada. The Contractor shall have all the authorizations necessary to ship DOE-NNPP mixed waste and radioactive waste residuals to NNSS.

v. Shipments to the disposal facilities shall be minimized, when feasible, to reduce liability and transportation costs.

c. The Contractor shall pay all expenses related to waste storage, treatment, transportation and disposal

(unless designated in the task order) of waste material with the following exception:

i. Disposal at US Ecology: Burial charges will be billed directly to the generating NNPP Sites within the Northwest Compact. The responsible NNPP activity will be responsible for the disposal/burial contracts/arrangements. The Contractor shall coordinate shipments of waste material with the generating NNPP activity.

d. Containers that are required for the disposal of treatment residuals and other associated waste materials shall be new and provided by the Contractor, unless the original waste shipping containers are reused for the disposal. The original shipping containers may only be reused for NNPP waste. If reused, the

Contractor shall ensure the original waste shipping containers are acceptable for transportation and disposition of the residuals. Original waste shipping containers not reused for disposal of residuals are to have all labels and markings removed and then processed as radioactive waste. Original containers shall be managed per the requirements identified in Section C.2.h.

e. If containers from multiple NNPP sites are consolidated for shipment, the Contractor shall clearly identify the containers from each NNPP site and the percentage by weight and by volume of each NNPP sites’ treatment residuals in the shipment on the shipping papers and manifests. The Contractor shall provide the COR with a copy of the shipping papers for review at least forty-five (45) calendar days prior to shipment of the residuals for disposal. Disposition of these containers shall be per Section

C.6.b.

f. The contractor shall dispose of PCB/Radioactive waste such as PCB remediation waste, PCB Bulk

Product waste, PCB articles, and PCB containers that are amenable to direct disposal within a RCRA subtitle C landfill in accordance with Title 40 CFR Section 761. All PCB/Radioactive wastes will conform to the disposal sites WAC/Waste Disposal Criteria and TSCA Coordinated Approval issued to the facility by the EPA.

7. Requirements for Brokerage

(This requirement is only applicable when a Broker is required to transfer waste into a state that requires a specific license for delivery, or if requested at the sites option as indicated in the task order).

a. Broker representatives may be required to be within a NNPP site controlled industrial areas for the inspection/acceptance of loaded shipping containers/trailers. In addition, Broker representatives are required for the receipt of loaded shipping containers at the port of entry on the West Coast of the

United States (e.g., Seattle/Tacoma, WA, Oakland, CA).

b. Broker representatives are required to undergo site-specific NNPP security clearance checks.

The Contractor shall contact the cognizant NNPP site for entry requirements. No foreign nationals are allowed. The broker shall be a U.S. citizen without dual citizenship. The

Contractor shall contact the cognizant shipping NNPP site for specific site access requirements for contractor personnel.

c. Broker representatives shall be current in their Title 40 and Title 49 CFR training and be currently authorized and qualified to handle, receive and certify waste material for shipment. Representatives shall possess the proper State authorization to assure transport of the waste materials into a State requiring a specific license for delivery.

d. The contractor shall have an adequate supply of Brokers available to support two (2) simultaneous

NNPP shipments from an East Coast and West Coast site on the same days.

e. Ten (10) calendar days prior to shipment of the waste materials, the Contractor shall identify the Broker representative who is qualified and authorized to handle and receive waste material and certify the waste material for shipment by signing the applicable shipping documents.

f. The contractor is required to maintain a list of Broker representatives having this license and shall be able to provide the list to the COR upon request. The license number shall be included with the listing.

The list shall include a statement that the recipients are qualified to meet the requirements on the contractor’s emergency recovery plan.

8. Special Quote:

a. The Contractor shall provide a special quote upon request by the Government on a case-by-case basis for treatment/disposal of mixed waste and/or PCB/radioactive waste having unique characteristics.

Contract services to process (e.g., transport, treat, decontaminate or dispose, etc.) unique waste items should be conducted in such a manner as to minimize costs to the Government and the total treatment and/or burial volume to the maximum extent practical.

9. Driver Requirements:

a. The Contractor’s driver shall be a U.S. citizen without dual citizenship. The driver shall be experienced in handling radioactive and mixed wastes. The driver shall have successfully passed a driving test in accordance with Title 49 CFR Section 391.31 and a physical examination in accordance with Title 49 CFR Section 391.41 within the previous two (2) years.

The driver shall have received training, which meets the requirements of Title 49 CFR Section

397 Subpart D prior to accepting custody of materials. The driver shall have received training in accordance with Title 49 CFR Section 172 Subpart H for the proper handling of emergencies that may occur during transportation of radioactive and mixed wastes. The Contractor shall contact the cognizant shipping NNPP site for specific site access requirements for contractor personnel..

10. Emergency Preparedness:

a. The Contractor shall be capable of responding to emergencies that may occur during transportation of waste materials over public highways between the NNPP site and the waste treatment site and from the waste treatment site to the disposal site. If the transporter used by the Contractor is not owned by the

Contractor, then the Contractor shall ensure the transporter is capable of responding to emergencies that may occur during transportation of waste materials over public highways between the waste processing site and the disposal site. At a minimum the Contractor shall:

i. Ensure that the transporter has in their possession properly maintained and calibrated personnel dosimetry and radiation monitoring equipment to be utilized as required by the Contractor’s NRC or

NRC Agreement State license, emergency response plan, or anything else applicable.

ii. Ensure that each vehicle used to transport waste materials carries equipment required in the event of a minor accident or spill to isolate and post the affected area, contain small spills of solid material, protect initial emergency response personnel including the driver from becoming contaminated and to perform surveys to determine the extent of the spread of waste materials.

iii. Ensure that the intended routes for transportation of waste materials meet the requirements of Title

49 CFR and applicable Local and State regulations.

iv. Ensure that the motor carrier has a security plan established in accordance with Title 49 CFR.

v. Contractor personnel shall immediately notify the COR and NNPP site representative as designated in the applicable task order of all accidents/incidents involving NNPP waste materials that occur during transportation over public highways.

11. Standard of Workmanship Requirements:

a. Unless otherwise specifically provided in the contract, the quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law and regulation.

b. For the purpose of the clause, the “highest standards” shall be the generally prevailing standards in the radioactive waste processing industry. In the event an industry-recognized authority subsequently issues a generally accepted standard for the industry, Contractor’s services shall, as a minimum, meet such a standard.

12. Prior Written Permission Required for All Subcontracts:

a. Any changes in subcontractors, additions of subcontractors, or change in the processes performed by subcontractors must be approved by the Contracting Officer prior to the change or addition. A

Contractor’s request to change or add subcontractors or subcontracted processes shall include the

Technical Capability Information about the subcontractor(s) identified in the solicitation for this contract.

13. Non-Conforming Waste:

a. If the Contractor determines, upon receipt of the material, that the material is not suitable for direct disposal or treatment at the disposal or processing facility, the material may be returned, at the

Government’s expense. The Contractor shall notify the COR prior to the return of material and provide acceptable documentation as to why the material is not suitable for processing or disposal.

b. If required for compliance with Contractor’s Radioactive Material License, the Contractor may return the material, processed or unprocessed, to the NNPP Site and the NNPP Site will accept return of the material, processed or unprocessed at Government’s expense. The Contractor shall contact the COR immediately if it is determined that the material is to be returned to the NNPP Site and provide acceptable documentation as to why the material shall be returned.

c. For return of waste, the contractor shall ensure that the waste is returned in a condition, which meets the storage WAC of the NNPP site.

d. This section does not replace or relieve the Contractor of the requirements of Section C.2.l.

14. Public Release Information:

a. Information, data, photographs, sketches, advertising, displays, promotional brochures, or other materials related to work under this contract, which the Contractor desires to publish, display, or release internally, to other Contractors, to Government agencies, or to the public, shall be submitted to the

Contracting Officer for approval at least eight (8) weeks prior to the desired printing or release date.

This includes descriptive or promotional material, which links or relates, directly or indirectly, the

Contractor’s product line, manufacturing facilities, or manufacturing capabilities to performance of

NNPP work. As part of the approval request, the Contractor shall identify the specific media to be used, as well as other pertinent details of the proposed release. All releases, regardless of tier of supplier, must have prior approval of the Contracting Officer.

b. Should any information described in the paragraph above be requested, subpoenaed, or otherwise sought by a court of competent jurisdiction or other judicial or administrative authority, this should promptly be brought to the attention of the Contracting Officer to permit appropriate measures to be taken to protect the information. Under no circumstances should this information be released to such authority without prior notification and agreement of the Contracting Officer except for any unreasonable delay in agreement by the Contracting Officer which would keep the Contractor from legally fulfilling its duty to the aforementioned authority.

c. The Contractor agrees that this requirement of prior Contracting Officer approval of any release shall survive the resulting Contract and that the Contractor shall not for a period of twenty (20) years subsequent to the issuance of the resulting contract (or Contract extension period, if applicable) either directly or indirectly issue any such release without the requisite approval of the Contracting Officer.

d. The Contractor shall include all provisions of this article including this sentence in all subcontracts under the resulting contract.

15. Packing and Marking Requirements:

a. The Government hereby warrants and represents to the Contractor that each shipment of waste materials submitted to Contractor for transport and brokerage pursuant to this contract shall comply with all applicable provisions of Title 49 CFR and any amendments thereto, and NNPP guidelines that closely follow Title 10 CFR (hereinafter collectively referred to as “applicable regulations”).

b. The NNPP, as the generator, will be responsible for preparation of shipping papers and all internal packing and packaging of the containers for shipment of waste materials to the treatment facility.

16. Loading Material Onto Contractor’s Vehicle:

a. Shipping containers will be loaded and secured to the transport vehicle by NNPP personnel unless otherwise specified. The NNPP site will furnish dunnage as may be necessary to permit safe transport of waste materials, brace or cushion the load to prevent movement; secure the load for safe transportation and arrange for distribution of weight and compliance with radiation levels of DOT regulations. The Contractor shall be required to furnish chains, straps or other rigging materials to secure the load. Determination that securing is done correctly shall be the responsibility of the

Contractor. The Contractor shall disposition dunnage in accordance with Federal, State, and Local regulations.

b. The NNPP site shall provide data relative to external radiation levels and curie content on shipping containers and casks to the Contractor.

c. Placarding of the Contractor’s vehicle shall be in accordance with Title 49 CFR and shall be the

Contractor’s responsibility. The NNPP site shall provide placards, if requested by the Contractor. The

Contractor shall furnish any special tags or labels required due to DOT special permits held by the

Contractor.

d. Upon completion of the loading operation, the driver shall secure and/or replace covers and closures as necessary on the vehicle and shall sign for and accept transport responsibility as the carrier and custodian of the waste materials.

e. If the NNPP site furnishes tie-down and rigging equipment to secure a load for shipment, the equipment shall be returned to the NNPP site when requested.

17. Special License Requirements:

a. The Contractor shall possess a NRC or NRC Agreement State license and appropriate permits for possession, brokerage, transportation, storage, and processing of radioactive, mixed waste and TSCA regulated radioactive waste.

b. The Contractor shall comply with all NRC, EPA, OSHA, TSCA, DOT regulations, and the applicable disposal site WAC for handling, storing, processing, and shipping for disposal of all waste materials and residuals.

c. The Contractor shall notify the COR and the appropriate NNPP site(s), as designated in the task order, in writing via email within one (1) calendar day, if any license or permit from an EPA authorized State, EPA, NRC, or NRC Agreement State is modified, revoked, or expires during the term of the resulting

d. The NNPP reserves the right to obtain and inspect copies of all written licenses, permits, insurance certifications, procedures, agreements, or consents issued by any government entity or agency to the

Contractor or its subcontractors which are applicable to their performance of the actions under the resulting contract.

18. Indemnity:

a. The Contractor shall be responsible for and shall indemnify and hold the Government harmless in connection with any loss or liability from damage to or destruction of property (including Government furnished property) or from injuries to or death of persons (including the agents and employees of both parties), if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract, unless such damage, destruction, injury, or death is caused solely by the active negligence of the Government's employees, agents or representatives. The Contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed in whole or part. This clause does not apply to any loss or liability proximately caused by defects or deficiencies in material provided to the Contractor by the Government pursuant to the terms of the resulting contract.

19. Contractor Liability:

a. The Contractor shall be liable and responsible to the extent allowed by applicable laws and regulations, and shall comply with all applicable laws and regulations, including NRC, EPA, TSCA, and DOT regulations for brokering, handling, and transporting waste materials and/or mixed wastes.

b. The Contractor shall be liable and responsible to the extent allowed by applicable laws and regulations in any action that may claim damages or compensation in connection with the services and/or material provided by the Contractor under this contract.

c. The Contractor shall be liable and responsible to the extent allowed by applicable laws and regulations in any action that may claim damages or compensation in connection with the handling of the packaged waste, the radioactive and hazardous components of the waste, or the waste containers after the

Contractor has accepted transportation responsibility, possession or custody of the waste materials.

20. Reporting Requirements:

a. The Contractor shall provide radiological survey results in accordance with Exhibit A (Contract Data

Requirements List (CDRL A001)), and as indicated in Section D, if requested.

b. For the transportation of the waste material from the NNPP generator to the treatment facility, the

Contractor shall return a completed copy of the Uniform Hazardous Waste Manifest (UHWM), the

Uniform Low-Level Radioactive Waste Manifest, and the asbestos waste shipment record (if applicable), to the NNPP site’s representative, as identified on the shipping documents and a copy to the

COR in accordance with Exhibit B (CDRL B001).

c. The Contractor shall provide an analysis report for the receipt of waste at the treatment facility prior to treatment/processing in accordance with Exhibit C (CDRL C001), if requested.

d. The Contractor shall, in accordance with Exhibit D (CDRL D001), submit a Certificate of Treatment (or equivalent) for each waste container processed.

e. The Contractor shall provide a report of analytical results confirming LDR compliance in accordance with Exhibit E (CDRL E001), if requested.

f. The Contractor shall advise the NNPP of any impending shipment of waste residuals between treatment/processing facilities or the disposal facility by providing a copy of the shipping documentation in accordance with Exhibit F (CDRL F001).

i. Asbestos waste and any asbestos containing daughter waste products originating from asbestos waste, generated within the State of South Carolina shall be tracked until disposed. All asbestos containing products generated within the State of South Carolina will be assigned an asbestos abatement Project ID number by the Department of Health & Environmental Control. The

Contractor shall include this ID number on all copies of the applicable waste shipment record(s) (as required in Title 40 CFR…