SP4500-12-R-0006-SOLICITATION.docx

SP4500-12-R-0006

CONTINUATION SHEET TO SF 1449

Notes to Offeror

1. Offerors are responsible for thoroughly familiarizing themselves with these notes, all terms, conditions, and requirements of this solicitation, and with accessing all clauses, attachments, and documents associated with it, including those incorporated by reference and/or having hot links. Offerors are also reminded to complete and return clauses 2.22 if applicable, 2.32 through 2.34 and provision 3.6.

2. This competitive small business set-aside solicitation is for a firm-fixed price indefinite delivery/ indefinite quantity (IDIQ) contract written as a performance based contract and allows the Contracting Officer (CO) to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met.

3. In accordance with Provision 3.1, FAR 52.212-1(g) the Government intends to award the resulting contract without discussions. Any offer should reflect an offeror’s best possible price as the Government does not intend to open negotiations nor offer bidders the opportunity to revise individual CLIN prices on submitted bids.

4. This solicitation requires the removal, transportation, and recycling or disposal of RCRA wastes and non-RCRA wastes.

5. The contractor is cautioned to read all parts of the solicitation. Some waste ordered on this contract requires the contractor to furnish Certificates of Recycling or Certificates of Disposal. When applicable, the contractor shall supply a Certificate of Disposal or Certificate of Recycling to the agency listed in BLOCK 5 of the Hazardous Waste Manifest with a copy to the DLA Disposition Services COR for items removed. The contractor’s attention is directed to Paragraph 1.1.1.1, Permit / Special Requirements.

6. It is the offeror’s responsibility to review and thoroughly analyze the ERS Data provided in part 4 in preparing their proposals under this solicitation. Failure to do so shall not be the basis for any future claim(s) against the Government.

7. Additionally, as stated in Note 2, the current solicitation is for a performance-based contract. The Acceptable Performance Levels (APLs) are set forth in paragraph 1.4.2. These APLs are the minimum acceptable levels of performance. It is imperative that offerors fully understand that these APLs will be strictly enforced. The offeror's successful performance under these APLs may lead to DLA Disposition Services’ decision to exercise options, as well as to past performance evaluations that may give the contractor a competitive advantage on future “buy best value” procurements by DLA Disposition Services, and other Governmental and non-Governmental entities that may access the Contractor Performance Assessment Reporting System (CPARS) past performance evaluations. Failure to achieve successful performance levels shall produce the opposite result.

8. Important: Please read part 3.4 carefully as the submission process for past performance information has changed. DLA Disposition Services will not contact offeror’s past performance references to obtain past performance information. Offeror is responsible for requesting references complete the Past Performance Questionnaire and ensuring that the Questionnaire(s) is submitted to DLA Disposition Services by the solicitation closing date.

9. The cut-off date for the receipt of offeror questions is 4:00 p.m. local time, November 25, 2011 in order for DLA Disposition Services to provide relevant answers to those questions prior to the closing date of this solicitation. While every reasonable attempt will be made to answer any relevant offeror questions that may be received after the cut-off date, DLA Disposition Services cannot guarantee that all such questions will be answered. Offerors are therefore strongly encouraged to submit all questions regarding this solicitation prior to the cut-off date.

10. The e-mail address for submission of offers: Daniel.schuemann@dla.mil.

SUPPLIES / SERVICES

NOTE: Continuation of Block 19 of the SF 1449. Prices must be submitted using the attached Excel Spreadsheet. In addition, Contract totals must be inserted at provision 3.11. See attachment III for Pick-up locations.

Continuation of Block 20

(Old numbers are in parenthesis)

1.0 PROJECT WORK STATEMENT

1.1.1 REMOVAL (C.2, C.7)

1.1.1 Pre Removal

1.1.1.5 HOURS OF OPERATION (C.29)

1.1.1.6 SHUTDOWN PERIOD (C.81)

1.1.1.7 DEFINITION OF SMALL CONTAINERS, DRUMS, AND

BULK REMOVALS

1.1.2 REMOVAL

1.1.3 POST REMOVAL

1.1.3.1 RETURN OF SHIPPING DOCUMENTATION (C.15)

1.2 DISPOSAL / RECYCLING

1.2.1 RCRA/NON-RCRA ITEMS

1.2.1.1 DEFINITION OF RCRA vs NON-RCRA and FINAL

TREATMENT/DISPOSAL/RECYCLING (C.13, C.31)

BLENDING, ANTIFREEZE RECYCLING, BATTERY

RECYCLING/RECLAMATION, AND FLUORESCENT LIGHT

TUBES AND HIGH INTENSITY DISCHARGE LAMPS

(C.37, C.39, C.68, C.72)

1.2.1.10 LABPACKING WASTES FOR CLINs 9004

1.2.2 DISPOSAL OF POLYCHLORINATED BIPHENYLS (PCB), PCB

CONTAMINATED AND NON-PCB MATERIAL (C.4)

1.2.3 RESERVED

1.2.4 RECYCLING

(C.53, C.54, C.56, C.58, C.59, C.60, C.61, C.64, C.65, C.66, C.82)

1.2.5 RESERVED

1.3 SPECIAL SERVICES

1.3.1 RETROGRADES (C.38)

1.3.2 RESERVED (C.46)

1.3.3 PERFORM ANALYSIS (C.47)

1.3.5 IDENTIFY UNKNOWN WASTE STREAMS AND PREPARE WASTE

PROFILE FORMS (C.49)

1.3.6 PROVIDE STORAGE CONTAINERS AND RENTAL CHARGES (C.50)

1.3.7 RESERVED

1.3.8 MANAGEMENT SERVICES

1.4.0 ADMINISTRATIVE NOTES

1.4.1 PUBLIC AFFAIRS COORDINATION

1.0 STATEMENT OF WORK

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, and Federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, 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.

1.1 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. 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.

1.1.1 PRE-REMOVAL

1.1.1.1 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 decision. 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. 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.

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.

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 The

1.1.1.2 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, and any other shipping documents. The contractor shall provide the COR with a copy of the completed form(s), 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. 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 DRMO 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.

b. 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.

c. 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.

d. Contractor may not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) land disposal restrictions as cited in CFR 268.

1.1.1.3 NOTIFICATIONS

a. Except as may otherwise be specified herein, the contractor shall notify the COR 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. 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 fails to meet the above applicable notification time frames and/or a different driver, other than the one previously identified under this notification requirement or whose name does not appear on the list of approved, multiple drivers, arrive at the pickup location(s).

c. 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 calendar days; 9-5 day expedites – at least 2 calendar 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.

1.1.1.4 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 or tanker capable of being padlocked arrives and/or departs from the pickup locations(s) without meeting the padlock requirements mentioned above and/or refuses to cooperate with any requests for additional identification and/or professional endorsements.

1.1.1.5 HOURS OF OPERATION

The contractor agrees that, for those portions of the services provided on a government installation, the services will be provided during the normal hours of operation (0630 – 1600) for the installation. These hours are subject to change. Additional requirements are:

a. The contractor must arrive at the Arsenal not later than 0730 hours on the day of scheduled removals. Vehicles will be allowed a maximum of six hours to pump content from 40 foot process tanks. Vehicles must be on the scale to weigh out by 1400 hours of the same day.

b. Work at other than normal hours of operation may be required as directed by the contracting officer (i.e., emergency removals).

c. Contractor requests for work at times other than the normal hours of operations must be received by the Contracting Officer 72 hours in advance. The contracting officer will notify the contractor if the request is approved within 48 hours of receiving the request.

1.1.1.6 SHUTDOWN PERIOD

a. There will be a two-week period, known as shutdown, for the cleaning, drumming, removal and disposal of hazardous waste from on-line processing tanks, sumps, and wastewater treatment tanks. The Contractor shall begin work at 0630 on the first day of shutdown and complete all cleaning operations by 1600 on the last day of shut down. Appropriate manpower must be available to achieve the specified work within this time period. The government reserves the right to change dates or times of shutdown periods. The contractor will be notified of shutdown periods at least sixty (60) days prior to shutdown.

b. The shut down for manufacturing operations will be one week in duration and all work to be done at the Industrial Waste Water Treatment Plant (IWTP), Bldg 36, must be accomplished in this week. The shutdown for plating operations will be extended into a second week and all work must be accomplished in these weeks.

The contractor will be required to perform all work necessary to meet manufacturing operations requirements during the first week of shutdown. The contractor will be allowed the second week to complete all remaining work in the plating operations are.

c. During this shutdown the contractor is required to pump and clean approximately 130 tanks, sumps, scrubbers, etc. Contents of tanks, sumps, scrubbers, etc. to be cleaned are listed in C.1.2.8. The appropriate disposal and cleaning CLINs will be ordered to perform this work.

1.1.1.7 DEFINITIONS OF SMALL CONTAINERS, DRUMS, AND BULK REMOVALS

a Waste listed under the “Small Container” section (CLINs 9004) of this bid schedule must be packaged by the contractor into 5, 20, or 55 gallon drums. The contractor shall provide all labor, equipment, supplies (including labpack containers), and tools necessary to labpack the waste. The waste will normally consist of small laboratory chemicals, but may also include larger containers. See also C.2.1.10 for details on how to pack small containers.

b. Waste listed in the “Drummed Waste” section of the bid schedule, CLINs 9003, primarily consist of 55 gallon drums, but may include larger drums (such as 85 gallon overpacks) or smaller drums. The difference between CLINs in this category and the “Small Container” category is that drummed waste will not require lab packing.

c. Waste listed in the “Bulk Liquid” section of the bid schedule, CLINs 9001, will be containers greater than 1210 gallons in size (or any size non-removal containers) that must be pumped by the contractor.

d. Waste listed in the “Bulk Solid” section of the bid schedule, CLINs 9002, may be in 55 gallon drums and must be loaded by the contractor into rolloffs for removal. See C.3.6 for details on rolloffs.

1.1.2 REMOVAL

1.1.2.1 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. The contractor agrees to clean up such spills or leaks to the satisfaction of the Government and in a manner that complies with applicable local, state, and Federal laws and regulations. The clean up shall be 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.

1.1.2.2 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. In addition, the contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished.

1.1.2.3 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 overpacking or recontainerizing based on the site visit. The Government will not provide repackaging materials. The contractor will not be reimbursed separately for repackaging expenses and should include these charges in their disposal pricing.

b. When overpacking of containers is required the contractor will use appropriate equipment to place the container into the outside/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.

1.1.2.4 GOVERNMENT EQUIPMENT AND PERSONNEL

The Government shall not furnish any equipment or personnel to assist the contractor in the performance of the contractor’s responsibilities under the contract. The contractor understands than 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 the arsenal’s compressed air system to operate contractor’s air drive pumps in removal of materials from locations in the NMT and 120MM facilities, where applicable, and the use of cranes and riggers. The air system is not operational during the shutdown period.

1.1.2.5 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.

1.1.2.6 LOADING

a. 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.

b. Unless otherwise provided in the contract, loading will not 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, shock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the contractor.

1.1.2.7 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:

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

1.1.2.8 BULK LIQUID PUMPING

a. When bulk liquid pumping is ordered, it may be necessary for the contractor to pump material from tanks, scrubbers and sumps. The contractor shall furnish a collection vehicle equipped with pumps, hoses and a metering device. Pumps and hoses shall have the 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. A tanker truck with a high capacity pump may be required. Sludges or solids that must be removed by other measures are not included. The contractor shall have fittings necessary to prevent accidental spills. Tank pumping may be ordered from any location at Watervliet Arsenal. When bulk liquid disposal is ordered, the contractor shall coordinate with the COR to determine specific equipment requirements based on location of tank(s) to be pumped. The actual weight of the material picked up must be identified on the manifest

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:

CLIN

1.1.2.9 SMALL CONTAINERS AND CONTENTS

a. Services for the removal, transportation, storage, and disposal of small container(s) of RCRA/State regulated hazardous or non-hazardous property (CLINs 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 non-hazardous 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.

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 CLINs 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 CLINs weight appropriately.

f. If the contractor elects to package EPA/DOT compatible items in the same container 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 overpack containers and packing materials will not be included in the total weight calculations for payment purposes.

g. Small containers do not include wastes disposed under CLINs in the 9001 through 9004 series.

1.1.2.10 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: Watervliet Arsenal

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: Watervliet Arsenal

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

1.1.2.11 CHARGES FOR EXPEDITES – CLIN 6330, 6334, 6335, 6341, 6344

a. When CLIN 6330 is ordered, waste must be removed within fifteen (15) calendar days of issuance of a written Task Order (TO. When CLIN 6334 is ordered, waste must be removed within three (3) calendar days of issuance of a written TO. When CLIN 6335 is ordered, waste must be removed within 24 hours of issuance of a written task order. Expedited removal CLINs may be ordered in association with any disposal CLIN(s) at any pickup point(s) on the contract. This is an exception to the standard removal timeframe as specified in Clause F.3 minimum TO charges will not apply to a TO containing and expedited removal CLIN. When expedited removal is required, CLINs 6330, 6334 or 6335 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 CLINs. For bulk removal on (1) each CLIN 6330, 6334 or 6335 is limited to one (1) TO line not to exceed 50,000 pounds in total weight.

b. When CLIN 6341 is ordered, performance must be accomplished within ten (10) calendar days of issuance of a written TO. When CLIN 6344 is ordered, performance must be accomplished within three (3) calendar days of issuance of a written TO. 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 and expedited service CLIN. When expedited service is required, CLIN 6341 and 6344 will be ordered based on the amount of service to be performed. One (1) each of CLIN 6341 and 6344 will be ordered 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).

1.1.2.12 RESERVED

1.1.3 POST REMOVAL

1.1.3.1 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 Defense Reutilization and Marketing Office (DRMO) 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 DRMO 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, the cognizant COR will be contacted for disposition instructions. Failure of any part of this clause will be marked in the APLs.

1.2. 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.

1.2.1 RCRA/NON-RCRA ITEMS

1.2.1.1 DEFINITION OF RCRA vs NON-RCRA and FINAL TREATMENT/DISPOSAL/RECYCLING

a. All items identified under CLINs 9001 through 9004 (with the exception of 9001AL, 9001AQ, 9001AR, 9001AS, 9002AD, 9002AE, 9002AH, 9003AL, 9004RA and 9004RB), regardless of their condition, are being discarded by the Government and are considered to be hazardous waste and are subject to stricter disposal requirements than items identified under CLINs 9001AL, 9001AQ, 9001AR, 9001AS, 9002AD, 9002AE, 9002AH, 9003AL, 9004RA and 9004RB. Any items identified under CLINs 9001AL, 9001AQ, 9001AR, 9001AS, 9002AD, 9002AE, 9002AH, 9003AL, 9004RA and 9004RB are not considered to be state or Federal regulated hazardous waste.

(1) If the contractor demonstrates through lab analysis and/or other supporting documentation that a previously identified hazardous waste is not a RCRA/state regulated hazardous waste, the Government may so reclassify the item as non-hazardous waste. 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) The following does not constitute final treatment/disposal for hazardous waste:

(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. Non-hazardous waste (CLINs 9001AL, 9001AQ, 9001AR, 9001AS, 9002AD, 9002AE, 9002AH, 9003AL, 9004RA and 9004RB ) are waste not regulated by RCRA nor regulated by the state of generation as hazardous waste and will be subject to less stringent requirements than hazardous waste .

(1) If the contractor demonstrates through lab analysis and/or other supporting documentation that a non-hazardous waste is a RCRA/state regulated hazardous waste, the Government may reclassify the item as hazardous waste. The contractor's claim that a non-hazardous waste is actually a hazardous waste, shall be treated as potential misidentification by the Government. The waste(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 hazardous waste to non-hazardous waste, or from non-hazardous waste to hazardous waste 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 (T21, H111) and Encapsulation (T39, H112), when performed on non-hazardous waste 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, 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 DRMO 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 DRMO and/or generator personnel agree with the CLIN change the applicable disposal CLIN will be assigned.

1.2.1.2 CERTIFICATES OF DISPOSAL/DESTRUCTION (CDs) – CLIN 6503 The contractor shall obtain and provide necessary documentation to prove that final disposal of CLINs 9100 – 9899 and CLINs 9001 - 9004 has been accomplished. Certificates of final treatment or disposal shall be provided to the generating activity identified on the manifest or shipping paper with a copy to the DRMO/COR. CDs require certifications from agents, officials, or employees of the Qualified Facilities that provided final treatment and/or disposal. CDs shall be provided within thirty (30) calendar days after disposal occurs. CLIN 6503 shall be ordered one (1) each for every CD desired per task order line item.

1.2.1.3 DETAILED ANALYSIS

If the contractor must perform detailed analysis for disposal, copies of the results identified to a specific contract line item shall be provided to the COR. The contractor shall be responsible for the proper disposal of all samples.

1.2.1.4 ALTERNATE DOCUMENTATION OPTION FOR FUELS BLENDING, ANTIFREEZE RECYCLING, BATTERY RECYCLING/RECLAMATION, AND FLUORESCENT LIGHT TUBES AND HIGH INTENSITY DISCHARGE LAMPS

a. Contingent upon approval from DLA DISPOSITION SERVICES, the contractor may utilize a plan for fuels blending, antifreeze recycling, battery recycling/reclamation, and/or fluorescent light tubes and high intensity discharge lamps as a method to elevate the additional burden of providing documentation past the initial treatment facility. Contractors must submit a plan to DLA DISPOSITION SERVICES via the Contracting Officer (CO) that includes, at a minimum, certification signed by a responsible official of the facility, which follows the specific guidelines set forth in paragraphs (1), (2), (3), and (4) below, additionally the facility and all subsequent facilities must appear on the “Qualified Facilities” list on our web site (http://www.drms.dla.mil/newenv/html/hw_disposal.html).

b. Upon Contracting Officer approval, the plan(s) will remain valid for the life of the contract, providing the facilities remain on the DLA Disposition Services Qualified Listing. DLA Disposition Services will certify acceptance of disposal services only after acceptance of the blender’s or recycler’s certification and manifested receipt by the fuels blending or recycler facility. Any inconsistency between this provision and clause C.2.1.1 shall be resolved by giving precedence to this provision.

c. The below guidelines must be followed for each commodity specific plan:

(1) Fuels Blending – Fuels blending does not apply to blending for destructive incineration. In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Specifies maximum processing time that property would remain in the fuel blending tank farm is sixty (60) days or less and guarantee that the fuel blended product will not remain in storage longer than the certified processing time, and

- Identifies by name, address and EPA ID number all facilities which may receive the fuel blended products for energy recovery, and

- Identifies by name, address and EPA ID number all facilities which may receive the incidental solids, still bottoms, and/or sludges remaining after fuels blending which require destructive incineration per 40 CFR 264 and 265 subpart O.

(2) Antifreeze Recycling – In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Specifies maximum processing time that property would remain in the storage/consolidation facility is sixty (60) days or less and guarantee that the product will not remain in storage longer than the certified processing time. If time exceeds this value, the firm will provide detailed rationale to DLA Disposition Services, and

- Identifies by name, address and EPA ID number all facilities which may receive the fuel blended products for energy recovery, and

- Identifies by name, address and EPA ID number all facilities which may receive the incidental solids, still bottoms, and/or sludges remaining after distillation/recycling treatments which require disposal in a RCRA TSDF.

(3) Battery Recycling/Reclamation – In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Describes the procedure for the disposition/sale of the RCRA recovered products (e.g., lead nickel, cadmium, zinc, and lithium), and

- Describes the treatment/disposition methods for liquids in wet-filled batteries, and

- Identifies by name, address and EPA Id number, and all facilities, which may receive the various components, and

- Guarantees the recovered product will not be shipped outside the Untied States, without prior authorization of the CO. If shipped outside the U.S., list all countries that may receive the recovered product. If the components are shipped outside the U.S., that a copy of the notification of intent to export and the EPA Acknowledgment of Consent will be provided with the certificate of recycling.

(4) Fluorescent Light Tubes and high-Intensity Discharge Lights – In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Specifies maximum processing and storage time that the items (mercury, phosphor powder) will be held until final recycling occurs. Name, address and EPA number of all such processing/storage facilities must be provided

- Identifies by name, address and EPA number all facilities, which will receive the mercury and phosphor powder for final recycling activities.

- Specifies that the items mentioned in the appropriate clause(s) will be processed as required and the names and addresses of the companies performing these activities will be provided.

- Firms that receive the glass and other non-regulated items do not need to be listed on the DLA Disposition Services Qualified TSDF Listing.

d. Should a facility on a plan be removed from the DLA Disposition Services Qualified Listing, the plan will become invalid and no longer become available for use. Replacement facilities or new facilities should be submitted on a new plan and submitted for approval to DLA Disposition Services via the CO.

1.2.1.5 RESERVED

1.2.1.6 RESERVED

1.2.1.7 EMPTY CONTAINERS

Prior to reuse or sale of empty containers, the contractor shall comply with the empty container requirements of RCRA, the empty packaging and other shipping requirements of DOT, and obliterate all markings and labels. The contractor shall be exempt from the requirement to obliterate markings and labels only if the containers are crushed and sent to a scrap operation, crushed and sent to a landfill, or the containers are physically disposed of concurrently with their contents (i.e., incineration/landfill).

1.2.1.8 RESERVED

1.2.1.9 BULK ASBESTOS - CLIN9002AD

a. When CLIN 9002AD is ordered, the contractor is required to remove and dispose of asbestos contaminated material and equipment, such as machines, furnaces, and ovens. Each piece of equipment shall not exceed 48,000 pounds. Overall gross weight of transportation vehicle shall not exceed 80,000 gross pounds with equipment loaded.

b. The contractor is required to prepare all equipment for shipment in accordance with NYS Code 56 and all other applicable regulations. This includes physically packaging and equipment (crating). Contractor shall supply all materials, parts, and labor to accomplish containerization of asbestos contaminated materials and equipment.

c. The Government will provide all utilities disconnection from asbestos contaminated materials and equipment.