SP4500-11-R-0007.pdf

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SP4500-11-R-0007

Notes to Offeror

1. This contract is a firm-fixed price indefinite delivery/ indefinite quantity (IDIQ) contract written as a performance based contract and allows the Contracting Officer to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met. (See C.4)

2. This contract is for various military and Government activities, which may encompass several states.

Standard removal timeframe for all sites is 21 calendar days from the date of order issuance.

3. This contract requires the transportation and disposal of RCRA wastes, non-RCRA wastes, Compressed Gas Cylinders, Polychlorinated Biphenyls (PCBs) Non-Hazardous Waste and Universal Waste.

4. Some waste ordered on this contract requires the contractor to furnish Certificates of Recycling and/or Certificates of Disposal. The contractor is cautioned to read the clauses on Demilitarization of Government Property, C.2.5; Compressed Gas Cylinders, C.2.3; PCBs C.2.2.

5. Publications and attachments applicable to this contract will be made available upon request. It should be noted that during the solicitation and life of this contract, the Government may make changes, additions, or deletions to those listed.

6. The contractor is cautioned that some requirements for information and plans are required before start of work on this contract, i.e., C.2.1.4.

7. This requirement has the possibility of multiple awards based on bid schedule, see 52.215-9R17.

8. A pre-proposal conference will be offered at Barstow on 5/12/2011, see DLAD 52.215-9007. The company name and name of attendees must be provided to Dennis Fleener no later than May 5th so base security can be notified. All attendees must have a valid driver’s license and must be a U.S. Citizen to enter the base.

9.

10. The email address for submission of offers, as per 52.215-9R03, is DRMSHazardousContractsWest@dla.mil

11. The deadline for all questions from potential offerors is 5/12/2011 so that corresponding Government answers can be issued via solicitation amendment before closing. The Government is not obligated to answer questions received after this common cut-off date.

12. Offerors are encouraged to review actual task ordering patterns under the past contract for these services (SP4500-07-D-0005) by using: the attached ERS reports. Note, however, that this is for informational purposes only and the Government can make no commitments as to just how the services will be ordered under the new contract, other than meeting the requirements of DLA Disposition Services, 52.217-9R08.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Ref. No. Title Reference Date

B . 1 SERVICES DLA Disposition Mar 1993 Services 52.217-9R05

B . 2 BASIC AND OPTION PERIOD PRICING DLA Disposition Feb 2010 Services 52.217-9R06

(SEE ATTACHED EXCEL SPREADSHEET FOR FILL-INS)

(a) Pages _______ through _______ are the estimated generations for the 18-month base period. Pages _______ through _______ are the estimated generations for the first 18-month option period. Pages _______ through ________ are the estimated generations for the second 18-month option period.

(b) For evaluation purposes, the following is to be completed:

(1) Total estimated price, 18-month base period $_______________ from page ___ of

(2) Total estimated price, first 18-month option period $_______________ from page ___ of _____.

(3) Total estimated price, second 18-month option period $_______________ from page ___ of _____.

(4) Total estimated price for evaluation purposes $_______________ (add lines (1), (2) and (3)).

http://www.drms.dla.mil/special/fillins/b2.doc

B . 3 BASIC AND OPTION PERIOD UNIT DLA Disposition Sep 2009 PRICING Services 52.217-9R07

B . 4 CONTRACT MINIMUM/MAXIMUM DLA Disposition Feb 2010 Services 52.217-9R08

(a) This is a firm-fixed price indefinite quantity contract. The minimum for the base period and each of the period options shall be 15% of the estimated value of the period. The maximum for the base and each of the priced options shall be 200% of the estimated value of the period.

http://www.drms.dla.mil/drmsp/fillins.doc#�

PICKUP LOCATIONS

The contractor will be required to make pickups in and around the grounds at the following DLA Disposition Service Offices and generators:

Location Point of Contact Telephone DRMO Barstow MCLB Barstow, Barstow, CA

Dennis Fleener (760) 577-6694

MCLB Barstow Barstow, CA

CA8170024261

CA8170090023

Bureau of Land Management 2601 Barstow Rd.

Barstow, CA 92311

CA111111036

Edwards AFB Edwards, CA

CA1570024504

Det 4 645 MATS Palmdale, CA

CAL000139768

Marine Corps Air/Ground Combat Center Twentynine Palms, CA

CA0170090013

Wilkson Hall USARC 4101 Chester Ave Bakersfield, CA 93301-1197

Mojave Airport Mojave, CA 93501

DRMO Nellis Nellis AFB Las Vegas, NV

Dennis Fleener (760) 577-6694

Nellis AFB Las Vegas, NV

NV7570024110

Tonopah Test Range 37 miles east of Tonopah, NV

NV5570024112

Indian Springs Auxiliary Field 40 miles north of

NV0570090019 (SQG)

Air Force Reserve Center

5755 Blythville Dr

NVR000056796

AMSA 17/96 (SVB)

Will Barnes USA Reserve Ctr 2901 East Sahara St

NVR000002477

AFRC 63rd RSC 2901 East Sahara St

NVR000002477

Fort Irwin Bldg 630 Ft. Irwin, CA

CA5213790038

Fort Irwin Barstow Daggett Airport

CAD982400665

U.S. Coast Guard Loran Station P.O. Box 738 Searchlight, NV 89046

DODAC: Z40137

SECTION C

Performance Work Statement (PWS)

C.0 Performance Work Statement

C.1 REMOVAL

C.1.1 Pre Removal

C.1.1.1 PERMIT / SPECIAL REQUIREMENTS

C.1.1.2 SHIPPING DOCUMENTATION

C.1.1.3 NOTIFICATIONS

C.1.1.4 TRAILER SECURITY, PADLOCKS

C.1.1.5 LAND DISPOSAL IN TEXAS

C.1.1.6 PUBLIC AFFAIRS COORDINATION

C.1.1.7 GOVERNMENT INSTALLATION HOURS OF OPERATION

C.1.2 REMOVAL

C.1.2.1 SPILL RESPONSIBILITY

C.1.2.2 SEGRAGATION OF HAZARDOUS WASTE

C.1.2.3 STATEMENT ON CONTAINERS

C.1.2.4 GOVERNMENT EQUIPMENT AND PERSONNEL

C.1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITY

C.1.2.6 LOADING

C.1.2.7 WEIGHING OF PROPERTY

C.1.2.8 BULK LIQUID PUMPING

C.1.2.9 SMALL CONTAINERS AND CONTENTS

C.1.2.10 BULKING AND CONSOLIDATION

C.1.2.11 CHARGES FOR EXPEDITES

C.1.3 POST REMOVAL

C.1.3.1 RETURN OF SHIPPING DOCUMENTATION

C.2 DISPOSAL / RECYCLING

C.2.1 RCRA/NON-RCRA ITEMS

C.2.1.1 DEFINITION OF RCRA vs NON-RCRA and FINAL

TREATMENT/DISPOSAL/RECYCLING

C.2.1.2 CERTIFICATES OF DISPOSAL/DESTRUCTION

C.2.1.3 DETAILED ANALYSIS

C.2.1.4 ALTERNATE DOCUMENTATION OPTION FOR FUELS

BLENDING, ANTIFREEZE RECYCLING, BATTERY

RECYCLING/RECLAMATION, AND FLUORESCENT LIGHT

TUBES AND HIGH INTENSITY DISCHARGE LAMPS

C.2.1.5 LIGHT WEIGHT WASTE

C.2.1.5.1 LIGHT WEIGHT BULK SHIPMENTS (DEBRIS)

C.2.1.6 DISPOSAL FOR HIGH LEVEL MERCURY

C.2.1.7 EMPTY CONTAINERS

C.2.2 DISPOSAL OF POLYCHLORINATED BIPHENYLS (PCB), PCB

CONTAMINATED AND NON-PCB MATERIAL

C.2.3 COMPRESSED GAS CYLINDERS

C.2.3.1 EVALUAITON/IDENTIFICATION OF CYLINDERS

C.2.3.2 ANALYSIS TO IDENTIFY CYLINDER CONTENTS

C.2.3.3 RECONTAINERIZATION/REPLACEMENT OF VALVES

C.2.3.4 SURCHARGE FOR ZONE “A” POISON GASES

C.2.4 RECYCLING

C.2.4.1 RECYCLING/RE-USE/RECLAIM

C.2.4.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

C.2.4.3 MANDATORY RECYCLING

C.2.4.3a GOVERNMENT SELECTED DISPOSAL

C.2.5 DEMILITARIZATION VIA SERVICE CONTRACT

C.2.5.1 DEMILITARIZATION OF NUCLEAR BIOLOGICAL

CHEMICAL (NBC) EQUIPMENT, JEAP

C.2.5.2 PROVIDE CERTIFICATE OF DISPOSAL (DEMIL INCINERATION)

(DEMIL FUNDS)

C.2.5.3 PROVIDE CERTIFICATE OF DISPOSAL (DEMIL OF RCRA AND/OR

STATE REGULATED WASTE INTO A RCRA

LANDFILL) (DEMIL FUNDS)

C.2.5.4 NON RCRA, NON STATE REGULATED WASTES – DEMIL REQUIRED

DISPOSAL INTO A RCRA LANDFILL (DEMIL

FUNDS)

C.2.5.5 NON RCRA, NON STATE REGULATED WATES – DEMIL

REQUIRED INCINERATION (DEMIL FUNDS)

C.2.5.6 UNIFORMS REQUIRING MANDATORY INCINERATION

C.3 SPECIAL SERVICES

C.3.1 TANK/WASH RACK CLEANING

C.3.2 PERFORM ANALYSIS

C.3.3 PREPARE WASTE PROFILE FORM

C.3.4 IDENTIFY UNKNOWN WASTE STREAMS AND PREPARE WASTE

PROFILE FORMS

C.3.5 PROVIDE STORAGE CONTAINERS AND RENTAL CHARGES

C.3.6 LABPACKING SERVICES

C.3.8 TRANSPORTATION ON GOVERNMENT PREMISES

C.3.9 PUMPING FROM DRUMS

C.3.10 HOSPITAL AND PHARMACEUTICAL DRUG WASTE

C.3.11 INDUSTRIAL WASTE WATER AT MCLB BARSTOW

C.3.12 PREPARE BIENNIAL REPORT

C.3.13 CARBON MEDIA PROCESSING AT EDWARDS AFB

C.3.14 LAB PACKS AT EDWARDS AFB

C.3.15 BEAD BLAST MEDIA AT MCLB BARSTOW

C.3.16 CONTRACTOR ACCESS TO DRMS BASE OPERATIONS SUPPORT

SYSTEM (BOSS), DMF ONLY DRMS

C.3.17 UNIVERSAL WASTE

C.3.20 RECYCLING ABSORBENT MATERIAL/PADS/SOCKS C/W PETROLEUM,

OIL, AND LUBRICANTS (NON-RCRA)

C.3.21 RECYCLING SOIL CONTAMINATED WITH PETROLEUM PRODUCTS

AND LOW METALS (NON-RCRA and NON-HAZARDOUS)

C.0 Performance Work Statement

a. The contractor agrees to provide all services necessary for the final treatment/disposal of the hazardous property listed in the schedule in accordance with all local, state, international, and Federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable subcontractors, labor, analysis, transportation, packaging, equipment, and the compilation and submission of all documentation required by this contract. All Contract Line Item Numbers (CLINs), regardless of their condition, are being discarded by the Government and are considered to be waste.

b. The Government agrees that all hazardous property placed on task order(s) on this contract will be accompanied by documentation and markings that comply with all applicable local, state, and Federal laws and regulations relating to the generation and storage of hazardous property.

C.1 REMOVAL

The requirements for removal of wastes under this contract are divided into three main phases – Pre-Removal (C.1.1), Removal (C.1.2 ), and Post-Removal (C.1.3). The contractor, and his subcontractors, must perform at all times in a prudent, conscientious, safe and professional manner. The contractor shall ensure that its agents, employees, and subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Proof of training shall be provided to the servicing DLA Disposition Services COR at the beginning of the contract and upon change of any personnel during the term of the contract. Handling and Personnel Protective Equipment (PPE) shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste. When operating within an EPA or state permitted DOD Hazardous Waste (HW) storage facility, the contractor is required to use forklifts with specifications that meet the applicable permit requirements. The contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

C.1.1 PRE-REMOVAL

C.1.1.1 PERMIT / SPECIAL REQUIREMENTS

a. The contractor shall, without additional expense to the Government, be responsible for paying all fees, preparing or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a contractor’s transportation, recycling, or disposal decisions. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract and completing the Notification of Regulated Waste Activity form for the generator(s) of hazardous waste to sign and file with the applicable state regulators for waste disposal. This includes signing (on behalf of the Government) waste profiles requested by Treatment Storage Disposal Facilities (except for MCLB Barstow and Edwards AFB, which will sign the profiles). All contractor signed waste profile sheets shall be written for the actual wastestream using the generator’s profile for backup documentation. All generator forms or other means of notifications including correspondence with Federal or State agencies on behalf of a generator must be coordinated with and concurred with by the affected generator prior to submission to any Federal or State agency. All associated Land Disposal Restriction (LDR) notifications must be attached to all manifests.

b. The Contractor may be required to attend any special required training, seminar, instruction, class, etc.

provided by the Government or to provide information to perform work or gain access to the installation.

Example: pass and ID requirements, antiterrorist training, EMS policies, fork lift training. Security badges will be required prior to going to Tonopah and will be available through the Hazardous waste program manager at Nellis AFB. There is a security form that will need to be filled out and reviewed prior to the one year badge being issued.

c. Any shipments outside the United States must comply with all international agreements and all applicable foreign laws. If the contractor will be exporting directly from the Department of Defense (DOD) activity, the contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the Contracting Officer Representative (COR) with the shipping documentation in accordance with C.1.1.2. The contractor may not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) land disposal restrictions.

d. Photographic or image recording devices, including cell phones, PDA’s etc. that can be used to record images, and their media in any form, shall not be permitted on Government installations without prior consent and the proper clearances. The Government will not be held accountable or liable for any loss or damage caused to photographic or image recording devices, and their media, found in violation of this requirement and subsequently confiscated. The COR, lacking appropriate clearances, does not have the authority to authorize the use of such devices on Government installations.

C.1.1.2 SHIPPING DOCUMENTATION

a. All references to manifests in this provision relate to the “appropriate shipping paper”. The contractor shall obtain and prepare all manifests, Hazardous Waste Profile Sheets required for acceptance of waste into a Qualified Facility, land disposal restriction notifications, TSDF profiles, TSDF acceptance approvals, and any other shipping documents including the DD Form 1155. The contractor shall provide the COR with a copy of the completed form(s) for each manifest line, for review by the appropriate Government official at least five (5) business days prior to removal, except documentation submitted for expedited orders, which shall be in accordance with notification timeframes as listed elsewhere in this contract. The contractor shall also provide a copy of the same shipping documents to the MCLB Barstow generator for all shipments involving this pick-up site/installation at least five (5) business days prior to the removal date in accordance with the requirements referenced in this paragraph (C.1.1.2 (a)). Prior to removal from a site identified as a pickup point in this contract, completed copies of all manifests, or bills of lading, whichever is applicable, shall be furnished to the DLA Disposition Services Office coordinating the waste disposal. Each pickup manifest and bills of lading (i.e., with a Government activity identified as a generator), as well as all other documentation required herein, shall be clearly and distinctly marked with the name of the servicing DLA Disposition Services Office in addition to the generators and the contract and task order number, as applicable. Emergency response information and twenty-four hour emergency phone numbers shall be listed on the manifest as well as bills of lading. If blocks are not provided, this information shall be placed in the upper, right-hand corner of each document. Contractor should note that some bases may have specific requirements/preferences regarding use of manifests (e.g., use/non-use of continuation sheets) that the contractor must comply with. Specific requirements are available from the COR.

b. A copy of all manifests, signed by the designated Transfer Storage and Disposal Facility (TSDF), shall be furnished directly to the generator whose address appears on the manifest(s) within the timeframes prescribed by 40 CFR 262.42(a)(2), or state equivalent. This manifest shall be furnished within the timeframe prescribed by 40CFR 262.42 or state equivalent, after receipt by the facility. The contractor shall furnish a copy of each manifest, signed by the designated TSDF, to DLA Disposition Services Office coordinating the waste disposal.

As specified in 40 CFR 262.20(d) or 40 CFR 761.207(h) as applicable, if the contractor is unable to deliver the hazardous property to the designated or alternate facility on the manifest, the cognizant Generator and COR will be contacted for disposition instructions. This notification shall be accomplished prior to any further movement of property.

c. The DLA Disposition Services created dummy EPA number for non-RCRA TSDF, must be entered on all applicable shipping documentation such as nonhazardous waste manifests and bills of lading. Also, include DLA Disposition Services created dummy EPA number on HQ DRMS Form 1683, Manifest Tracking Log.

d. After removal from the pickup site, the contractor shall notify and obtain the generator’s written authorization prior to making or authorizing changes to shipping documentation (manifests, LDRs , profiles, etc.).

e. The Contractor is responsible for informing the Government of any selected treatment based disposal CLINs that are not acceptable for applicable waste, prior to the shipment of said waste.

Note: “Universal Waste” (UW) includes batteries, some pesticides and mercury thermostats as defined under Part 273. It also includes state-designated universal wastes, such as fluorescent light tubes. The UW Rule, Part 273, does not require the use of a hazardous waste manifest to ship UW within, to, or through a state that has adopted the UW Rule. Whenever UW is transported from, to, or through a state that has not adopted the UW Rule, a hazardous waste manifest will be used. The Contractor will designate on the manifest in block 14 when UW is being transported.

The regulations allow the generator to make the determination about whether to handle these specific wastes as UW under Part 273 or as hazardous waste under other parts of RCRA. The contractor will be advised on the TO if the wastes are to be handled as UW.

C.1.1.3 NOTIFICATIONS

a. Except as may otherwise be specified herein, the contractor shall notify the COR and Generator, in writing during normal work hours, for each location, at least five (5) business days BEFORE attempting site visits, analysis or pickups.

(1) In addition to the notification above for pickups, the contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number and its expiration date to the COR or other Government representative at least 24-hours prior to removal. The contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the 24-hour notification requirement is mute for the remainder of the contract unless otherwise modified.

(2) If a driver, other than the one specified 24-hours in advance for the specific Task Order; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated Government representative will verify the personnel switch with the prime contractor before the pickup commences. This may require a written notice or fax from the prime contractor.

b. For Task Orders (TO) containing Expedited Removals, Services or Performance CLINs the contractor shall notify the COR or other Government representative for each location, in the following timeframes BEFORE attempting site visits, analysis, or pickups: 15-10 day expedites – at least 3 business days; 9-5 day expedites – at least 2 business days; and 4 days or less expedites – at least 1 calendar day. In addition, the contractor is still required to provide the information identified in paragraph (1) above at least 24-hours prior to removal. If applicable, any removals ordered under a 24-hour or one business day expedited CLIN requires the contractor to provide the information identified in paragraph (1) at least 4 hours prior to pickups if the contractor elects to provide the identity of the driver for each specific TO. If the contractor elects to provide the list of approved, multiple drivers designated for use under this contract, this expedited notification is not required. All other terms and conditions stated elsewhere within this clause apply to any of the aforementioned Expedited Removals, Services or Performance CLINs.

C.1.1.4 TRAILER SECURITY, PADLOCKS

a. All contractor trailers and tankers capable of being padlocked must be padlocked upon arrival at the pickup location. Failure to meet this requirement could result in the Government’s halting of the pickup. All trailers and tankers capable of being padlocked must also be padlocked again prior to departure of the pickup location(s).

The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR or other Government representative.

b. The COR or other Government representative has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in additional specific clauses in this contract and refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. Any potential demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups will not be grounds for reimbursement by the Government.

c. The Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance if the contractor has a trailer capable of being padlocked arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above and/or refuses to cooperate with any requests for additional identification and/or professional endorsements.

C.1.1.5 LAND DISPOSAL IN TEXAS

The contractor shall perform all dry weight computations for those hazardous wastes destined for land disposal in Texas and shall provide all such computations to the COR for record keeping purposes. This computation shall be furnished along with the copy of the generator manifest.

C.1.1.6 PUBLIC AFFAIRS COORDINATION

The Contractor shall refer all inquiries concerning this contract to the Contracting officer. Under no circumstances shall any statement be released to the news media directly by the Contractor or any of the employees of the contractor.

C.1.1.7 GOVERNMENT INSTALLATION HOURS OF OPERATION

The contractor agrees that, for those portions of the services provided on a Government installation, the services will be provided during normal hours of operations for the installation, which are available, upon request, from the COR. Any Services to be performed at Edwards AFB on a Friday will need to be pre-approved by the Government prior.

C.1.2 REMOVAL

C.1.2.1 SPILL RESPONSIBILITY

a. The contractor is solely responsible for cleanup of any and all spills or leaks during the performance of this contract that occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors to the satisfaction of the Government and at no cost to the Government.

b. The contractor shall report all such spills or leaks, regardless of their quantity, to the CO immediately upon discovery. A written follow-up report shall be submitted to the CO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

(1) Description of item spilled (including identity, quantity, manifest no., etc).

(2) Whether amount spilled is EPA/state reportable, and if so whether it was reported.

(3) Exact time and location of spill including a description of the area involved.

(4) Containment procedures initiated.

(5) Summary of any communications contractor has with press or Government officials other than the

CO.

(6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

C.1.2.2 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated and kept physically separate from any other items until the initial TSDF is reached. The items must be so marked, that they are readily identified to this contract throughout this period.

C.1.2.3 STATEMENT ON CONTAINERS

a. The Government does not warrant that the drums or containers are suitable for transportation in accordance with DOT regulations for removal from the pickup site. The offeror is cautioned to ascertain and assess the need for salvage packing, overpacking or recontainerizing based on the site visit. The Government will not provide packaging materials. The contractor will not be reimbursed separately for packaging expenses and should include these charges in their disposal pricing. CLINs for overpack/salvage drums prepared by the Government for safe handling or convenience will be selected based on the inner containers size, or total weight of the complete package, using the appropriate disposal/recycling schedule.

b. When salvage packing/overpacking of containers is required the contractor will use appropriate equipment to place the container into the salvage/overpack container. The inner container shall be kept in an upright position. Overpack containers used for liquids will be marked with directional arrows indicating the upright position of the inner container.

c. NOTE: Labpacking services ordered by the Government to facilitate turn-in to the DLA Disposition Services Office will be ordered under the appropriate 632x CLIN. Packaging containers for labpacks are included in the 632x CLINs.

C.1.2.4 GOVERNMENT EQUIPMENT AND PERSONNEL

The contractor understands that the Government shall not furnish any equipment or personnel to assist in the performance of this contract. Any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers. The only exception is the use of Government owned loading equipment (clause C.1.2.6), and Government owned scales (clause C.1.2.7), and where applicable, management services.

C.1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

a. Treatment of hazardous waste (including solidification) on Government facilities is not permitted.

Treatment is defined as any process which meets the definition of treatment as set forth in applicable local, state, and Federal (including 40 CFR 260.10) laws and regulations.

b. The contractor shall not drain and/or flush PCB items at Government installations. Draining will be allowed only to prevent leaking and to meet DOT regulations.

c. Treatment, disposal, or release of gas (other than inert) to the atmosphere on Government premises is not permitted by this contract. The contractor may perform gas extraction for other than inert gas cylinders at the pickup location using self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

C.1.2.6 LOADING

The contractor is responsible for loading, including furnishing all the equipment necessary for loading. Unless otherwise specified, the Government will not load at any location, nor will loading be performed on Saturdays, Sundays, Federal holidays, or any day that the installation where the items are located is closed. Where it is provided that the Government will load, the Government will make the initial placement of the item on conveyance(s) furnished by the contractor and the initial placement on the contractor's conveyance shall be as determined by the Government. Unless otherwise provided in the contract, the Government will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the contractor.

c. Government will load as specified and at the following locations:

GOVERNMENT LOADING TABLE

Items Location Loading Legend

Drums/Bulk solids Det 4, 645 MATS, Palmdale I(b) (tailgate load)

LOADING LEGEND

I – Government will load (a) Rail (b) Truck or Trailer

II – Government will load – open top conveyance only (a) Rail (b)

Truck or Trailer

III - Other

C.1.2.7 WEIGHING OF PROPERTY

The contractor shall weigh all property before removal. An authorized Government representative will witness all weighing that occurs on site. The weight, agreed upon by both the contractor and the Government representative at the time of removal, will be the basis for payment to the contractor. Unsubstantiated charges for subsequent increases in weight, after removal from Government custody, will be the responsibility of the contractor.

a. Bulk Items

(1) Bulk items will be measured by one of the following methods. The method used will be whichever is most accurate and agreed upon by the contractor and the Government representative:

(i) Actual weight using Government scales.

(ii) Actual weight using commercial scales.

(iii) Calculated weight. As an alternative to actual weighing, the weight of bulk shipments may be computed, provided that the specific gravity of the material is known and the volume actually picked up is determined. For example, 2,000 gallons of liquid with a specific gravity of 1.4 = calculated weight of 23,344 pounds. (2,000 x 1.4 x 8.337, where one gallon of water weighs 8.337 pounds). Specific gravity will be obtained from a waste profile sheet.

(2) For either "actual weight" method, the vehicle will be weighed both before and after loading. For bulk shipments, where Government scales are not available or operable, the use of commercial scales is authorized. The contractor will arrange for and incur all expenses of weighing property at the nearest certified public scale.

b. Non-bulk Items

(1) For non-bulk items, the contractor shall provide portable scales for outweighing of property. Portable scales must have a minimum capacity of 1,500 pounds. For the purpose of this contract, scales permanently affixed or built into a vehicle are considered portable scales.

(2) Prior to the use of portable scales at each pickup site, the contractor must demonstrate reasonable weight accuracy to the Government representative. Only materials to be removed by the contractor will be weighed. Pallets, boxes, strapping, etc., which are not integral parts of the packaging and are not being removed by the contractor will not be included in the weight.

(3) Government scales may be used, in lieu of scales provided by the contractor, only where they are available, operable, and authorized by the Government representative. The contractor shall be responsible for determining the availability of Government scales. The Government makes no guarantee that where Government scales are available, they are operable. At the Government's option, the use of Government scales will be allowed at the following sites:

SITE EQUIPMENT AVAILABLE

MCLB Barstow, Yermo and Nebo Truck scale

MCLB Barstow, 90 Day Yard Yermo, and Nebo Platform scale

Edwards AFB, Bldg 3735, Landfill Truck scale

Edwards AFB Bldg 4916 (HWSF) Platform scale

DRMO Nellis Truck scale

Nellis AFB Platform scale

Twentynine Palms, Bldg 110171 & 2085 Truck scale

Det 4, 645 MATS Platform, Drum scale

Ft. Irwin, Landfill Scale House Truck Scale

Ft. Irwin, Bulk POL Scale Truck Scale

(4) The use of commercial scales is not authorized for non-bulk items.

C.1.2.8 BULK LIQUID PUMPING

a. When bulk liquid pumping is ordered, it may be necessary for the contractor to pump waste from tanks.

The contractor is responsible to furnish all equipment needed to complete this job, including but not limited to, collection vehicle equipped with pumps, hoses, high capacity vacuum pumps, connectors/fittings, and a metering device. Pumps and hoses shall have a capacity to safely handle the types of waste to be collected, and be able to remove all liquids and sludges from tanks that can be removed without agitation or introduction of other materials to the tank. However the Government may elect to agitate sludge solids and residues through the introduction of water. For payment purposes this water will be included in the weight of the waste.

b. The actual weight of the material picked up must be identified on the manifest. Bulk liquid disposal may be ordered from any location in or around pickup points, in addition to the known sites identified below:

SITE BLDG. NUMBER TANK SIZE ANTICIPATED

CONTENTS

Edwards AFB 4704, 4705, 4706 5,000 gl above ground Water

Edwards AFB 4702, 4703 20,000 gal Fuel/Oil

Edwards AFB Various 110-5,000gl above, under Fuel/Oil/Water

Twentynine Palms 1075, 1078 500 gl Oil/Water Sep Oil/Water

Twentynine Palms 1083 Wash rack 5,000 gl underground Oil/Soap/Sludge

Twentynine Palms 1211, 1214, 1934 6,000 gl Oil/Water Sep Oil/Water

Las Vegas Guard Sahara Res Ctr 2,500 gl Oil/Water Sep Oil/Water

MCLB Barstow Bldg 573 6,000 gl Oil/Water Sep Oil/Water

MCLB Barstow Bldg 609 5,000 gl above ground Wastewater/Industrial

MCLB Barstow Tank Farm 25,000 gl above ground Wastewater/Industrial

MCLB Barstow Bldg 322, Fire Dept. 5,000 gal Wastewater

Ft. Irwin Bldg 630 8,000 gal x 2 Oil

Ft. Irwin Bldg 630 8,000 gal x 2 Fuel

Ft. Irwin Bldg 630 5,000 gal Oil/Anti-Freeze/Water

Barstow Daggett Bldg 021 10,000 gal Wastewater

C.1.2.9 SMALL CONTAINERS AND CONTENTS

a. Services for the removal, transportation, storage, and disposal of small container(s) of RCRA/State regulated hazardous or nonhazardous property will be ordered using CLINs with a “1” in the fourth position, e.g., 9101, 9401. Unless specifically excluded below, small containers are any receptacle containing hazardous or nonhazardous property that has a capacity of less than five (5) gallons.

b. Small containers are not:

(1) Individual sealed articles that are formed to a specific shape or design during manufacture that have an end-use or function dependent in whole or in part upon the shape or design during use. (Examples of such items include, but are not limited to, fuel filters, oil filters, gas mask canisters, chemical defense equipment kits, and factory sealed containers that contain a small container (e.g., epoxy paint).

(2) RCRA empty containers of any size (which may or may not be crushed to reduce their volume).

Examples of such items are empty oil cans, paint cans, etc.

(3) Any lab packs (see 49 CFR 173.12) prepared by Edwards AFB, and accepted for turn-in by DLA Disposition Services; and all CLINs other than those specified as small containers on the Edwards AFB disposal/recycling schedule.

c. In those instances where containers of hazardous property are placed into a larger outer container and the interior packaging is either all small containers as defined above, or a mix of different sizes, some being small containers as defined above, then the entire item (interior packaging and its outer container) shall be assigned to the appropriate small container CLIN.

d. The contractor shall accept the Government's CLIN assignment as a non-small container item unless the contractor demonstrates to the COR prior to removal from the Government facility that the item(s) does meet the definition of a small container.

e. If the contractor discovers a small container(s) packaged with other items not classified as small containers, the Government reserves the right to:

(1) Assign all the property, including the larger outer container, under the appropriate small container CLIN; or,

(2) Remove the small containers of hazardous property from the larger outer container, delete the small container items’ weight from the task order, and reduce the containerized CLIN’s weight appropriately; or,

(3) Remove the small containers of hazardous property from the larger outer container, reCLIN the small container items separately as small containers on the same task order, and reduce the containerized CLIN’s weight appropriately.

f. If the contractor elects to package EPA/DOT compatible items in the same container (i.e.; lab-packs, over-packs and waste stream containers) in order to facilitate recycling/disposal, then the contractor must provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed outside the outermost container. A copy of the packing list must be attached to the manifest. Contractor furnished containers and packing materials will not be included in the total weight calculations for payment purposes.

C.1.2.10 BULKING AND CONSOLIDATION

a. Bulking shall be defined as the act of pumping from an otherwise removable container(s) into a tank truck.

Containerized waste may be pumped into a tank truck (bulking) only at the locations listed herein:

MCLB Barstow Edwards AFB Det 4, 645 MATS Nellis AFB, Bldgs 853 Creech Air Force Base

MCAGCC Twentynine Palms, Bldg 2095

b. Consolidation is defined as any method that involves pouring, siphoning, pumping, draining, or packaging like wastes (liquids, multiphase, or solids) from one container to another. Wastes may be consolidated only at the locations listed herein:

MCLB Barstow Edwards AFB Det 4, 645 MATS Nellis AFB, Bldgs 853 Creech Air Force Base

MCAGCC Twentynine Palms, Bldg 2095

c. Bulking and consolidation will be allowed only if the contractor has a spill contingency plan and performs operations in a safe manner. The Government retains the right to stop operations if environmental or safety concerns arise

C.1.2.11 CHARGES FOR EXPEDITES – CLINs 6330-6335, 6340-6345

a. When the expedited removal CLINs are ordered, waste must be removed within the specified business day timeframe. Expedited removal CLINs may be ordered in association with any disposal CLIN(s) at any pick-up point(s) on the contract. This is an exception to the standard removal timeframe as specified in F.3. Minimum TO charges will not apply to a TO containing an expedited removal CLIN. When expedited removal is required, CLINs 6330-35 will be ordered based on the amount of waste to be removed. One (1) each will be ordered for containerized (non-bulk) waste up to 15,000 pounds in total weight and a maximum of up to eight (8) different

TO lines. For bulk removals, one (1) each CLIN 6330-35 is limited to one (1) TO line not to exceed 50,000 pounds in total weight.

Paperwork for all (non-bulk) expedited removals must be provided to the COR as follows: 10 and 7 day expedites = 3 days for paperwork, 5 and 3 day expedites = 1 day for paperwork.

Paperwork for all (bulk) expedited removals must be provided to the COR one (1) day prior to removal for all expedited clins.

b. When the expedited performance CLINs are ordered, performance must be accomplished within the specified business day timeframe. Expedited service CLINs may be ordered in association with any service CLIN(s) at any pick-up point(s) on the contract. This is an exception to the standard performance timeframe as specified in Clause F.3. Minimum TO charges will not apply to a TO containing an expedited service CLIN.

When expedited service is required, CLIN 6340-45 will be ordered based on the amount of service to be performed. One (1) each of CLIN 6340-45 will be ordered for up to five (5) Special Service TO lines. Ordering of an expedited CLIN is further limited to one (1) each, expedited CLIN, per pick-up location including the surrounding area (i.e. all pick up sites on an installation).

C.1.3 POST REMOVAL

C.1.3.1 RETURN OF SHIPPING DOCUMENTATION

a. In addition to the Federal manifest requirements for return of signed manifests to the generator, the contractor shall furnish a copy of each manifest, signed by the designated TSDF, to the DLA, Disposition Services site coordinating the waste disposal within 35 days of pickup by the initial transporter. If the waste has not been received by the TSDF within 30 days after the initial pickup date, the contractor shall notify the DLA, Disposition Services site/COR of the physical location of the waste. If applicable, the contractor shall provide the manifest with additional transporter signatures, as well.

b. If the contractor is unable to deliver the hazardous property to the designated or alternate facility on the manifest in accordance with 40 CFR Part 263.21(a), the cognizant COR/generator will be contacted for disposition instructions per 40 CFR Part 263.21(b). If the manifest is not returned within 40 days, the contractor shall prepare the exception report and provide to the generator for submittal to the State before 45 days expires.

Failure of any part of this section will be marked in the APLs, and appropriate action taken as determined by the contracting officer.

c. The contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished.

C.2. DISPOSAL / RECYCLING

This subsection covers requirements for disposal/recycling of RCRA/Non-RCRA items in general, disposal of specialized commodities such as Compressed Gas Cylinders (CGCs) and Polychlorinated Biphenyls (PCBs), and recycling of various mandatory recyclable items.

C.2.1 RCRA/NON-RCRA ITEMS

C.2.1.1 DEFINITION OF RCRA vs. NON-RCRA and FINAL

TREATMENT/DISPOSAL/RECYCLING

a. Items identified under CLINs 9100 through 9899 have been declared hazardous waste by the Government and are subject to stricter disposal requirements than CLINs 9900 through 9999. Any items identified under CLINs 9801 through 9899 are state regulated hazardous waste, only and are not considered a RCRA waste.

(1) If the contractor demonstrates through lab analysis and/or other supporting documentation that a CLIN(s) identified under CLINs 9100 through 9899 is not a RCRA/state regulated hazardous waste, the Government may so reclassify the item and place it under CLINs 9900 through 9999. The Government will review the lab analysis and other supporting documentation in a reasonable time period, not to exceed 21 days;

however, the items in question will be treated as a hazardous waste in the interim and removal timeframes must be met.

(2) For CLINs 9100 through 9899, the following does not constitute final treatment/disposal:

(a) Declaring RCRA/state regulated hazardous waste CLINs as RCRA-exempt as a result of management practices specified in 40 CFR 266 and 279;

(b) Interim treatment of the waste such that the waste still meets the definition of a hazardous waste as defined in 40 CFR 261 et. seq. All facilities used for interim treatment, final treatment or final disposal of items on this contract must comply with 40 CFR 261, subparts C and D, for each waste the facility is permitted to handle. An audit trail must be provided for all RCRA/State regulated hazardous waste until treatment and/or processing renders the wastes non-RCRA or until final disposal is accomplished. Waste handling codes that describe methods of storage do not meet the definition of final treatment nor final disposal under this contract.

b. Any items identified under CLIN series 9800 are considered as either a RCRA Universal Waste or State Regulated Universal Waste. Universal Waste includes batteries, some pesticides, lamps, and mercury thermostats as defined under Part 273. It may also include state-designated universal wastes, such as electronic wastes. The Contractor will designate on the manifest in block 14 when UW is being transported. The regulations allow the generator to make the determination about whether to handle these specific wastes as UW or as hazardous waste under other parts of RCRA. The contractor will be advised on the TO if the wastes are to be handled as UW.

c. CLINs 9900 through 9999 are waste neither regulated by RCRA nor regulated by the state of generation as hazardous waste and will be subject to less stringent requirements than CLINs 9100 through 9899.

(1) If the contractor demonstrates through lab analysis and/or other supporting documentation that a CLIN(s) identified under CLINs 9900 through 9999 is a RCRA/state regulated hazardous waste, the Government may reclassify the item under CLINs 9100 through 9899. The contractor's claim that a CLIN identified under CLINs 9900 through 9999 is actually a hazardous waste, which should be identified under CLINs 9100 through 9899, shall be treated as potential misidentification by the Government. The CLIN(s) in question shall not be removed, treated or disposed of until the Government has made a determination on the matter.

Reclassification of items from CLINs 9100 through 9899 to CLINs 9900 through 9999, or from CLINs 9900 through 9999 to CLINs 9100 through 9899 shall fall under the "Changes" clause of this contract.

(2) Final treatment means processing at a facility that is appropriately licensed/permitted by local and/or state agency to accept the material. If long-term internment is the selected method of disposal, as a minimum, an EPA/state permitted facility with a textile liner, leachate collection system, and ground water monitoring must be used. An audit trail must be provided for all non-RCRA/non-state regulated hazardous waste until final disposal is accomplished. RCRA treatments, Chemical Fixation (H111) and Encapsulation (H112), when performed on CLINs 9900 through 9999 prior to landfill, are considered final processing/final disposal.

d. The following coverage applies when the contractor alleges that a waste designated for recycling cannot by recycled:

(1) If a waste designated for recycling by the generator does not meet the facilities required recycling parameters, the contractor must notify the CO and generator, in writing at least five (5) business days, before pickup, of the rationale and proof for waste rejection. This must include written input from at least three appropriate recycling facilities approved on the DLA Disposition Services Qualified Facilities List, at least one of which is not owned by the contractor.

(2) The CO will notify the cognizant DLA Disposition Services Office and/or generator personnel to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to the applicable disposal CLIN is solely that of the Government’s. If the DLA Disposition Services Office and/or generator personnel agree with the CLIN change the applicable disposal CLIN will be assigned.

C.2.1.2 CERTIFICATES OF DISPOSAL/DESTRUCTION (CDs)

The contractor shall obtain and provide necessary…